FRANKUM, Justice.
John Thomas Swink was convicted of rape without a recommendation of mercy and was sentenced to be electrocuted. He appealed from the denial of his motion for a new trial as amended.
1. By his first enumeration of error the appellant asserts that the court erred in failing to instruct the jury as to their right upon conviction to recommend the defendant to the mercy of the court and as to the effect of such recommendation. The defendant was...
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