NICHOLS v. STATE

6 Div. 733.

422 So.2d 804 (1982)

Elmore NICHOLS, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 12, 1982.

Certiorari Denied December 22, 1982.


Attorney(s) appearing for the Case

Virginia A. Vinson, Birmingham, for appellant.

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


Alabama Supreme Court 82-52.

DeCARLO, Judge.

First degree rape; sentence, thirty years' imprisonment.

During the early morning hours of September 6, 1980, appellant forced his way into the locked townhouse of the prosecutrix, located in Forestdale in Jefferson County, made his way to her upstairs bedroom, and raped her.

The prosecutrix stated that her assailant was a lean and muscular black male. The assailant repeated several times, "Keep...

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