HOLMES, Circuit Judge.
The appellant was convicted of rape and sentenced to death in a state court of Alabama. He moved for a new trial; the motion was overruled; and he prosecuted an appeal to the Supreme Court of Alabama. The judgment of the lower court was affirmed, and an application for rehearing was denied. Johnson v. State, 242 Ala. 278, 5 So.2d 632. Thereafter appellant applied to the United States Supreme Court for a writ of certiorari, which was denied....
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