CLARKE v. STATE

5 Div. 156.

283 So.2d 671 (1973)

Elkin CLARKE, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 24, 1974.


Attorney(s) appearing for the Case

No brief for appellant.

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

Clellon Baeder, Auburn, amicus curiae.


LEIGH M. CLARK, Supernumerary Circuit Judge.

Appellant was convicted of rape and sentenced to sixty years imprisonment. Though appellant was sixteen years of age at the time of trial, he was only fifteen years of age at the time he was taken into custody by the authorities.

The prosecutrix was walking along Drake Avenue in Auburn on May 19, 1971, shortly after 9:00 p. m. when she was attacked from the rear, dragged into densely foliated terrain, subsequently...

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