HARVEY v. STATE

8 Div. 780.

138 So.2d 270 (1962)

Charles Wesley HARVEY v. STATE.

Court of Appeals of Alabama.

February 20, 1962.


Attorney(s) appearing for the Case

Griffin & Griffin, Huntsville, for appellant.

MacDonald Gallion, Atty. Gen., and Winston Huddleston, Sp. Asst. Atty. Gen., for the State.


CATES, Judge.

A jury found Harvey guilty of rape and fixed his punishment at ten years imprisonment.

The site of the alleged ravishment was on "a side road out toward Indian Creek" in the environs of Huntsville. Harvey admitted having sexual intercourse with the prosecutrix, who was a sister of his wife.

After Harvey and the claimed victim had returned from the neighborhood of Indian Creek, she testified that at a point about a block from the home...

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