FISHER v. STATE

8 Div. 721.

328 So.2d 311 (1976)

Johnny Ray FISHER v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied February 17, 1976.


Attorney(s) appearing for the Case

C. Wayne Morris, Huntsville, for appellant.

William J. Baxley, Atty. Gen., and Gary R. Maxwell, Asst. Atty. Gen., for the State.


BOOKOUT, Judge.

Rape; sentence: ten years imprisonment.

The prosecutrix testified she returned home from work around 11:30 P.M. on January 27, 1975. As she walked up on her porch, a person came up to her and asked if she had a telephone, and she answered, "no." The prosecutrix was attempting to unlock the door to her apartment and was trying to awaken her husband to let her in. She could not awaken him, and the appellant returned and grabbed her from behind...

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