STAKELY, Justice.
The appellant Charles Campbell was indicted and tried for rape. He received the death penalty. His appeal comes to this Court under the automatic appeals act, Code 1940, Tit. 15, § 382(1) et seq.
On June 15, 1951 appellant and two companions having escaped from Draper Prison, entered the home of Mrs. Ardie Garner in Tuscaloosa County, while she was in the bathroom upstairs. Her son ten years of age was downstairs. The appellant and one...
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