THOMAS v. STATE

4 Div. 368.

332 So.2d 168 (1976)

David Lee THOMAS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 20, 1976.


Attorney(s) appearing for the Case

Farmer & Farmer, Dothan, for appellant.

William J. Baxley, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for the State.


BOWEN W. SIMMONS, Supernumerary Circuit Judge.

A jury convicted appellant of assault with intent to rape pursuant to an indictment therefor. The trial court lawfully sentenced him to twelve years imprisonment. The record does not show appellant to be an indigent.

The alleged offense occurred on April 13, 1975. The victim [we omit her name] left her apartment, at night, accompanied by two of her children, to use a telephone. After such use, while returning...

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