BUTLER v. STATE

7 Div. 690.

232 So.2d 631 (1970)

Robert BUTLER v. STATE of Alabama.

Supreme Court of Alabama.

March 5, 1970.


Attorney(s) appearing for the Case

Oscar W. Adams, Jr., U. W. Clemon, Demetrius C. Newton, Birmingham, Norman C. Amaker and Jack Greenberg, New York City, for appellant.

MacDonald Gallion, Atty. Gen., and Herbert H. Henry, Asst. Atty. Gen., for the State.


McCALL, Justice.

This case was argued orally before the entire court and was submitted on several motions and on the merits for a decision.

The appellant, a Negro male of mature adult age, was indicted for the rape of an unmarried white woman twenty years of age. He was tried and convicted by a jury which fixed his punishment at death.

An appeal was entered on behalf of the appellant at the conclusion of the trial by the court ex meru moto under the...

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