State v. Dove

Appellant is under sentence of death on conviction of the crime of first degree kidnaping. The statute under which he was tried provides a mimimum penalty of hard labor in the state penitentiary for life and a maximum penalty of death. On the recommendation of the jury as to which penalty should be imposed, as required by the statute, the trial judge imposed the death sentence on the jury’s verdict of guilty.

The conviction grew out of an outrageous sexual attack by defendant on a nine year old girl. The “kidnaping” and “holding” were incident only to this attack and consisted of appellant’s…