DAVENPORT v. STATE

7 Div. 805.

426 So.2d 464 (1981)

Kenneth Dale DAVENPORT, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 4, 1981.


Attorney(s) appearing for the Case

Kermit Mac Downs and Donald W. Stewart, Gadsden, for appellant.

Charles A. Graddick, Atty. Gen., and J. Michael Horsley, Asst. Atty. Gen., for appellee.


LEIGH M. CLARK, Retired Circuit Judge.

A jury found defendant (appellant) guilty of rape in the first degree on a trial on an indictment that charged that he, "a male, did engage in sexual intercourse with Theresa Dianne Bland, a female, by forcible compulsion." The court fixed his punishment at imprisonment for twenty-five years and sentenced him accordingly.

Code of Alabama 1975, § 13A-6-61(a) provides:

"A male commits the crime of rape in...

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