BROWN v. STATE

1 Div. 261, 1 Div. 262.

280 So.2d 177 (1973)

Herbert Louis BROWN and Arthur Lee Gipson, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 29, 1973.


Attorney(s) appearing for the Case

David L. Barnett and Harry Seale, Mobile, for appellants.

William J. Baxley, Atty. Gen., and Samuel L. Adams, Asst. Atty. Gen., for the State.


DeCARLO, Judge.

Appellants were indicted in Mobile County for rape, and after agreement, were jointly tried and convicted. The trial court sentenced Herbert Louis Brown to twenty-five years in the penitentiary, and Arthur Lee Gipson, alias Arthur Lee Gibson, to ten years. Both judgments are before this court on appeal.

Prosecutrix testified that on the night of February 14, 1968, at approximately 10:00 P.M., she was walking home from a sandwich shop, accompanied...

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