Smith v. State

SIMPSON, Justice.

This is the second conviction of rape and the death penalty for the defendant. The first appeal is reported in 247 Ala. 354, 24 So.2d 546. The defendant was a twenty four year old negro and the victim, a middle-aged white woman.

In deference to the insistence of his appointed counsel that a new trial should be granted, we will observe that, although accused denied the charge, the evidence adduced entirely sufficed to warrant the jury’s verdict. A little of the evidence will be noticed to sustain this conclusion. Soon after the crime, the accused was apprehended from a very…