KIMBER v. STATE

6 Div. 208.

384 So.2d 1212 (1980)

John B. KIMBER v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 17, 1980.


Attorney(s) appearing for the Case

James L. O'Kelley, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and J. Thomas Leverette, Asst. Atty. Gen., for appellee.


CLARK, Retired Circuit Judge.

This is an appeal from a judgment of conviction of rape and sentence to imprisonment for fifteen years.

Appellant's counsel strenuously argues that the evidence was insufficient to support the verdict of the jury. No question as to identity is involved; no question as to penetration is involved. The sole question of fact is whether defendant committed the act "forcibly and against the consent" of the alleged victim. Code of Alabama...

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