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SWAIN v. STATE

CR 91-1858.

629 So.2d 697 (1993)

Willie A. SWAIN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 26, 1993.

Attorney(s) appearing for the Case

Jeb Fannin, Talladega, for appellant.

James H. Evans, Atty. Gen., and Jack Willis, Asst. Atty. Gen., for appellee.

BOWEN, Presiding Judge.

Willie A. Swain was convicted for the first degree rape of his 11-year-old daughter and was sentenced to 21 years' imprisonment. That conviction must be reversed because the State failed to prove the element of penetration.

"Sexual intercourse" is an essential element of rape in the first degree. See Ala.Code 1975, § 13A-6-61(a). "Such term has its ordinary meaning and occurs upon any penetration, however slight; emission is not...

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