KUHLOW v. STATE

5 Div. 495.

397 So.2d 165 (1980)

Verne Harold William KUHLOW, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 19, 1980.


Attorney(s) appearing for the Case

William J. Baxley and James S. Ward of Baxley, Stuart, Ward & Dillard, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Jean Williams Brown, Asst. Atty. Gen., for appellee.


TYSON, Judge.

Verne Harold William Kuhlow was indicted for the offense of rape, found "guilty as charged in the indictment" by the jury, and sentenced to thirty years imprisonment in the penitentiary.

The prosecutrix testified that, on July 29, 1979, she went to bed at 9:30 p. m. and was later awakened by the sound of pounding on her door. Before she was completely awake, someone covered her head with a greasy rag and told her, "Shut up or I'll kill you."...

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