KIRBY v. STATE

6 Div. 953.

500 So.2d 79 (1986)

Frank David KIRBY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied September 9, 1986.

Certiorari Denied December 5, 1986.


Attorney(s) appearing for the Case

David S. Luker, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen. and Joseph G.L. Marston, Asst. Atty. Gen. and David Barber, Dist. Atty. and Paul W. Greene, Asst. U.S. Atty., for appellee.


Alabama Supreme Court 85-1517.

TAYLOR, Judge.

Frank David Kirby was convicted of rape in the first degree, a violation of § 13A-6-61, Code of Alabama 1975, and sentenced to life imprisonment. He raises on appeal four issues; however, none questions his guilt. Accordingly, we will not present a panoply of facts detailing the appellant's heinous crime.

On a cold Friday night, January 23, 1981, the eighteen-year-old victim was exiting her car in...

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