BERRY v. STATE

7 Div. 825.

399 So.2d 354 (1981)

James BERRY v. STATE.

Court of Criminal Appeals of Alabama.

May 5, 1981.


Attorney(s) appearing for the Case

R. D. Pitts, Talladega, for appellant.

Charles A. Graddick, Atty. Gen., and Joseph G. L. Marston, III, Asst. Atty. Gen., for appellee.


TYSON, Judge.

James Berry was indicted for and convicted by a jury of first degree sexual abuse pursuant to § 13A-6-66, Code of Alabama 1975. The trial court set sentence at eight years' imprisonment.

On February 23, 1980, appellant, a forty-two year old man "of limited intelligence," picked up the prosecutrix, a five year old girl that he regarded as his daughter, to take her out for a hamburger. On the way, they stopped by the appellant's house, where...

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