LAWSON, Justice.
Willie Seals, the appellant, was first indicted for rape on October 24, 1958. He pleaded not guilty. Upon his trial on that indictment the jury found him guilty and imposed the death penalty. Judgment and sentence were in accord with the verdict. On June 2, 1960, we affirmed the judgment of the trial court. We denied application for rehearing on August 18, 1960.—Seals v. State, 271 Ala. 142,
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