KILPATRICK v. STATE

8 Div. 233.

285 So.2d 516 (1973)

Albert KILPATRICK v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied September 25, 1973.


Attorney(s) appearing for the Case

Hardwick & Edwards, Decatur, for appellant.

William J. Baxley, Atty. Gen., and J. Victor Price, Jr., Asst. Atty. Gen., for the State.


ELWOOD L. HOGAN, Circuit Judge.

The defendant in this cause was found guilty of rape and the Jury returned a verdict fixing his punishment at 20 years imprisonment in the state penitentiary. From the judgment and sentence pronounced by the Court, the defendant appealed.

I

It appears from the transcript of the record that on August 11, 1968, the prosecutrix, an elderly female invalid who had been a recent patient at the Bryce Hospital in Tuscaloosa...

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