MONTGOMERY, Ala. — A divided Alabama Supreme Court said the state can execute an inmate with nitrogen gas, a method that has not previously been used carry out a death sentence.
all-Republican court in a 6-2 decision Wednesday granted the state
attorney general’s request for an execution warrant for Kenneth Eugene
Smith. The order did not specify the execution method, but the Alabama
attorney general indicated in filings with the court that it intends to
use nitrogen to put Smith to death. The exact date of the execution will
be set later by Alabama Gov. Kay Ivey.