Tell v. State

MADDOX, Justice.

Defendant was indicted for the rape of a twenty-seven year old woman in Jefferson County. He entered a plea of not guilty, was tried and the jury returned a verdict of guilty and fixed his punishment at death. After being sentenced to death, he filed notice of appeal, which is here under the automatic appeal law applicable to cases where the death sentence is imposed. Act Number 249, approved June 24, 1943, General Acts of Alabama, 1943, p. 217; Title 15, § 382(1), Code of Alabama, 1940 (Recompiled, 1958).

We will not set out all the evidence in view of the fact that we find it…