Hale v. State

The appellant was indicted and convicted for the rape of a sixteen year old Robert E. Lee High School student in Montgomery, Alabama. The jury which adjudged the appellant guilty fixed his punishment at ninety-nine years and one day imprisonment. Both at trial and on appeal, the appellant is represented by court appointed counsel.

The appellant has presented two issues for review: (1) Whether § 15-11-1, Code of Alabama 1975, (Acts of Alabama 1975, No. 1205, § 4-106), gives the accused an absolute right to a preliminary hearing even after indictment, and (2) whether a pretrial lineup procedure…