Tabb v. State

The appellant was found guilty of the capital offense of murder during a rape in the first degree. Following a separate sentencing hearing held pursuant to § 13A-5-46, Code of Alabama (1975), the jury unanimously recommended that the appellant be sentenced to death. A hearing was then held pursuant to §13A-5-47, wherein the trial court found the existence of two aggravating circumstances, that the capital offense was committed by the defendant while he was under a sentence of imprisonment and that the defendant had previously been convicted of other felonies involving the use or threat of…