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POWE v. STATE

1901568.

597 So.2d 721 (1991)

Ex parte State of Alabama. (Re Willie James POWE v. STATE).

Supreme Court of Alabama.

Rehearing Denied February 14, 1992.

Attorney(s) appearing for the Case

James H. Evans, Atty. Gen., and Jean Williams Brown, Asst. Atty. Gen., for petitioner.

Lawrence B. Sheffield III and John A. Lentine of Sheffield, Sheffield, Sheffield & Lentine, P.C., Birmingham, for respondent.

INGRAM, Justice.

Willie James Powe was charged, in a two-count indictment, with first degree rape, in violation of § 13A-6-61, Ala.Code 1975, and second degree rape, in violation of § 13A-6-62. The charges stemmed from allegations by Powe's minor daughter, N.S., that Powe sexually assaulted her. Powe was convicted, after a jury trial, of rape in the first degree and was sentenced to a term of 12 years in the state penitentiary. However, the Court of Criminal...

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