SON v. STATE

3 Div. 696.

346 So.2d 1189 (1977)

Franklin George SON, alias v. STATE.

Court of Criminal Appeals of Alabama.

June 7, 1977.


Attorney(s) appearing for the Case

C. Collier Carlton, of Carlton & Carlton, Montgomery, for appellant.

William J. Baxley, Atty. Gen. and Linda C. Breland, Asst. Atty. Gen., for the State, appellee.


BOWEN W. SIMMONS, Retired Circuit Judge.

Appellant-defendant was indicted for rape and convicted. The jury fixed his punishment at twenty-five years imprisonment.

The victim lived in an apartment in Montgomery. She knew appellant from seeing him playing horse shoes with her husband. It appears from her evidence that they started about 6:00 or 6:30 P.M., July 22, 1976 and played until around midnight at which time he asked for his supper and then fell asleep...

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