HARWOOD, Justice.
This appeal is from a verdict and judgment finding the appellant, James Liddell, Jr., guilty of rape. Punishment was fixed at death.
The evidence introduced by the state tends to show that on the night of 26 August 1964, at about 10:45 P.M., the prosecutrix and her date for the evening were sitting in her date's automobile in a parking area immediately off of a public highway which runs down Lookout Mountain toward Gadsden in Etowah County...
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