JACKSON v. STATE

4 Div. 319.

234 So.2d 579 (1970)

Johnny Mack JACKSON v. STATE.

Supreme Court of Alabama.

April 9, 1970.


Attorney(s) appearing for the Case

Smith & Smith, Dothan, Jackson W. Stokes, Elba, for appellant.

MacDonald Gallion, Atty. Gen., David W. Clark, Asst. Atty. Gen., for the State.


HARWOOD, Justice.

This appellant was found guilty of rape by a jury which fixed his punishment at death. Judgment was entered pursuant to the verdict. A motion for a new trial was duly filed and after a hearing was denied. This appeal followed.

The evidence presented by the state in the trial below tends to show that the victim had returned to her home in Dothan around 4:30 P.M., on 7 January 1967, after a shopping trip. She placed some groceries in the kitchen...

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