BARNETT v. STATE

8 Div. 382.

488 So.2d 24 (1986)

Earl BARNETT v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 22, 1986.


Attorney(s) appearing for the Case

Wesley M. Lavender, Decatur, for appellant.

Charles A. Graddick, Atty. Gen., and Jane LeCroy Brannan, Asst. Atty. Gen., for appellee.


TAYLOR, Judge.

The appellant was charged with second degree rape of his 14-year-old stepdaughter in violation of § 13A-6-62, Code of Alabama 1975. He was found guilty by a Morgan County jury and sentenced to 10 years' imprisonment. Only one issue is raised on appeal.

The appellant maintains that the state did not prove a prima facie case of second degree rape because it failed to present any evidence that he was 16 years old or more at the time the alleged...

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