FAGAN v. STATE

8 Div. 598.

412 So.2d 1282 (1982)

Ronnie Lee FAGAN v. STATE.

Court of Criminal Appeals of Alabama.

April 20, 1982.


Attorney(s) appearing for the Case

Charles M. Allen, II, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen. and Billington M. Garrett, Asst. Atty. Gen., for appellee.


HARRIS, Presiding Judge.

Appellant was indicted for the offense of rape in the first degree. After one mistrial necessitated by a dead-locked jury, appellant was tried again and convicted as charged and sentenced by the court to 50 years imprisonment in the state penitentiary.

The prosecutrix testified that she had returned to bed at 7:30 a. m. on March 18, 1981, after seeing her husband and children off to work and school. She was awakened by a hand being...

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