GRAHAM v. STATE

4 Div. 787.

403 So.2d 275 (1980)

Richard GRAHAM v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 22, 1980.


Attorney(s) appearing for the Case

Myron H. Thompson, of Thompson & Faulk, Dothan, for appellant.

Charles A. Graddick, Atty. Gen., J. T. Simonetti, Jr., Asst. Atty. Gen., for appellee.


BOOKOUT, Judge.

During the late evening hours of June 29, 1977, Mary Ann James was raped and stabbed to death in her apartment in Daleville, Alabama. She had been stabbed at least fifty-seven times. At the time of the crime, the victim was a lieutenant in the Missouri National Guard on active duty at Ft. Rucker, Alabama. The appellant was a warrant officer and likewise stationed there.

The appellant was indicted for the capital offense of "rape when the victim...

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