ELLIOTT v. STATE

1 Div. 141, 142 and 143.

266 So.2d 318 (1972)

Herbert ELLIOTT v. STATE. Lonnie JOHNSON v. STATE. Calvin MEANS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 30, 1972.


Attorney(s) appearing for the Case

Kenneth Cooper, Bay Minette, Delano Palughi, Mobile, for appellants.

William J. Baxley, Atty. Gen., and Don C. Dickert, Asst. Atty. Gen., for the State.


PRICE, Presiding Judge.

The appellants were separately indicted, tried and convicted for rape. They are charged with having committed the crime on the same occasion upon the same victim. Separate records are filed on appeal, but since we are of opinion all three cases are due to be reversed, and some of the questions raised are common to all, they are treated together. See Stone v. State, 243 Ala. 605, 11 So.2d 386.

Although the evidence presented was identical...

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