CLARKE, Justice.
This is the second appearance of this death penalty case. Appellant, Stanley Edward Allen, and co-defendant Woodrow Davis were indicted in Elbert County for the murder, rape and robbery of Susie C. Rucker. In separate trials, they were convicted. The state sought the death penalty in both cases, but it was imposed in Allen's case only. The convictions were affirmed on direct appeal. Davis v. State,
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