McMILLAN, Presiding Judge.
The appellant, Glen Dale Johnson, was charged with two counts of first-degree rape. The first count charged that Johnson had sexual intercourse with the victim by forcible compulsion, a violation of § 13A-6-61(a)(1), Ala.Code 1975; the second count alleged that Johnson engaged with sexual intercourse with the victim when Johnson was over the age of 16 and the victim was less than 12 years old, a violation of § 13A-6-61(a)(3), Ala...
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