LIVINGSTON, Chief Justice.
Johnny Daniel Beecher, alias Johnnie Johnson, alias Johnny Duke, was indicted by the Grand Jury of Jackson County, Alabama, on July 29, 1964. The indictment contained three counts: Count 1 charged the defendant with murder in the first degree of Martha Jane Chisenall; Counts 2 and 3 were identical and charged the defendant with raping Martha Jane Chisenall on two different occasions. The two counts for rape were later nolle prossed. The...
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