Jones v. State

HARRIS, Judge.

Appellant was convicted of rape and his punishment fixed at death.

Prior to his trial for rape, appellant was convicted of robbery growing out of the same occurrence. His punishment on the robbery conviction was likewise fixed at death. On April 17, 1973, this Court modified and affirmed that conviction and fixed appellant’s punishment at life imprisonment. Jones v. State, 50 Ala.App. 62, 276 So.2d 647.

Appellant states in brief that “the only real evidentiary difference in the two cases is the personal physician of the prosecutrix testified in the case at bar.” This is true.…