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AP News in Brief at 11:04 p m EST

Alabama killer to face first nitrogen gas execution in US | National & World News

A federal appeals court says Alabama can carry out the nation’s first execution using nitrogen gas. A three-judge panel of the 11th U.S. Circuit Court of Appeals refused to block the execution of Kenneth Eugene Smith by nitrogen hypoxia. Alabama says it plans to replace the 58-year-old’s breathing air with nitrogen gas Thursday, rendering him unconscious within seconds and killing him within minutes. Critics say the execution method violates a constitutional ban on cruel and unusual punishment. Smith is expected to appeal the ruling to the U.S. Supreme Court. He is one of two men convicted in a 1988 murder-for-hire slaying of a preacher’s wife. The other was executed in 2010.

Alabama can execute Kenneth Eugene Smith with nitrogen gas: Appeals court – NBC Chicago

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