Swain v. State

HARWOOD, Justice.

This is an appeal from a judgment of the Circuit Court of Talladega County, Alabama, denying appellant relief in a coram nobis proceedings.

The appellant was adjudged guilty of raping a 17 year old girl in Tallageda County in 1962, and sentenced to death.

This court affirmed the judgment. See Swain v. State, 275 Ala. 508, 156 So.2d 368. A thumbnail sketch of the facts as produced by the state in the rape trial tended to show that Swain came to the victim’s home and requested admission to use a telephone, first inquiring if a man was there. The victim was alone except for her…