BUTLER v. STATE

CR-93-1799.

659 So.2d 1021 (1995)

Bill BUTLER and Linwood Butler v. STATE.

Court of Criminal Appeals of Alabama.

March 3, 1995.


Attorney(s) appearing for the Case

Donald Hamlin, Pell City, for Bill Butler.

Edwin M. Van Dall, Jr., Pell City, for Linwood Butler.

James H. Evans, Atty. Gen., and Thomas Leverette, Asst. Atty. Gen., for appellee.


McMILLAN, Judge.

The appellants, Bill Butler and Linwood Butler, were charged in separate indictments with rape in the second degree. The cases were consolidated, because both crimes were committed as part of the same transaction.

The record indicates that, on the day of the offense, both appellants and the victim's father, were working on an automobile at Linwood Butler's house. The three men were drinking beer throughout the day. The victim's testimony indicates...

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