State v. Freeman

ON APPLICATION FOR REHEARING

The opinion previously issued in this case is hereby withdrawn and the following substituted therefor.

The Circuit Court for Madison County granted the appellee's petition for post-conviction relief under Rule 32, A.R.Crim.P. The State of Alabama appeals.

In August 1984, Freeman was convicted of the rape and murder of a two-and-one-half-year-old child. The jury recommended a sentence of life imprisonment without the possibility of parole; the trial court overrode the jury's recommendation and sentenced the appellant to death by electrocution for this terrible crime.…