Aaron v. State

MERRILL, Justice.

Appellant, a negro, was tried and convicted of raping a white woman and the death penalty was adjudged. An appeal was taken and this court reversed, 271 Ala. 70, 122 So.2d 360. The cause was again tried and the same judgment again resulted. Counsel of appellant’s own choice represented him at original arraignment, and continued to represent him at both trials and on both appeals.

On the first appeal, we treated all the pertinent questions whether or not raised in brief. The second trial followed the first opinion except in the instances in which there was some disagreement…