McDaniel v. State

The appellant was indicted and convicted for rape. Since the offense was committed before the effective date of Section 13-1-130, Code of Alabama 1975, the jury fixed punishment at ten years' imprisonment.

The only allegation of error concerns the State's use of a 1961 conviction for grand larceny to impeach the appellant. The appellant contends that the seventeen year old conviction for a crime committed when he was seventeen years old is too remote in time to have any value in determining the credibility of a witness.

The rule in Alabama is settled and clear.

"It is within the sound discretion…