HIGHTOWER v. STATE

1 Div. 365.

443 So.2d 1270 (1982)

William Edward HIGHTOWER v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied December 28, 1982.


Attorney(s) appearing for the Case

Thomas M. Haas and John Bertolotti, Jr., Mobile, for appellant.

Charles A. Graddick, Atty. Gen., and J. Anthony McLain and James F. Hampton, Asst. Attys. Gen., for appellee.


BOWEN, Judge.

The defendant was charged by solicitor's complaint with sexual misconduct. Sentence was one year in the county jail.

The issue presented by this appeal is whether a defendant can be convicted of sexual misconduct under an indictment charging that the sexual intercourse was without consent where the evidence shows that the intercourse was with consent obtained by artifice.

The State's evidence...

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