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Alabama is closer to becoming the first state to attempt an execution by nitrogen gas, although there will be a legal fight before it is used.

Alabama is closer to becoming the first state to attempt an execution by nitrogen gas, although there will be a legal fight before it is used.

Alabama is closer to becoming the first state to attempt an execution by nitrogen gas, although there will be a legal fight before it is used.

FILE - Alabama Attorney General Steve Marshall listens to a reporters question following oral arguments in an Alabama redistricting case, outside the Supreme Court on Capitol Hill in Washington on

Alabama Governor Kay Ivey has set an execution time frame for Kenneth Eugene Smith, less than one week after the State's highest court said he could be executed using nitrogen hypoxia.

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.

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A divided Alabama Supreme Court has said that Alabama can execute an inmate with nitrogen gas, a method that has not previously been used carry out a death sentence. The

The Alabama Supreme Court voted and approved moving forward with an inmate's execution using nitrogen gas. The inmate, Kenneth Eugene Smith, was convicted of murder in 1988.

Alabama, Oklahoma and Mississippi have OK'd nitrogen hypoxia as an execution method but no state has tried to use it. More litigation over the issue is seen as likely.