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McMORRIS v. STATE

6 Div. 198.

394 So.2d 392 (1980)

Charlie Frank McMORRIS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 28, 1980.

Attorney(s) appearing for the Case

George H. Jones, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen. and J. Anthony McLain, Sp. Asst. Atty. Gen., for appellee.

DeCARLO, Judge.

Rape; twenty years imprisonment.

In June, 1978, the prosecutrix lived alone at 1042 48th Place, North in an apartment complex in the community of Kingston in Birmingham, Jefferson County, Alabama. About 3:00 A.M. on June 15, 1978, the prosecutrix was awakened by a naked black man sitting on her chest and holding his hands over her mouth and her throat. The prosecutrix was told that if she did not...

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