Swain v. State

*124ON REMANDMENT FROM THE SUPREME COURT OF THE UNITED STATES

BLOODWORTH, Justice.

Robert Swain was convicted of rape and sentenced to death by electrocution by a jury in Talladega County, Alabama. Judgment and sentence imposing the death penalty were entered accordingly.

This court affirmed the conviction and sentence in Swain v. State, 275 Ala. 508, 156 So.2d 368 (1963), rehearing denied September 26, 1963.

The Supreme Court of the United States affirmed in 1965. Swain v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759, rehearing denied 381 U.S. 921, 85 S.Ct. 1528, 14 L.Ed.2d 442.

Swain’s…