Metzger v. State

Edward Arthur Metzger, Jr., was indicted and convicted for rape in the second degree in violation of Ala. Code, 1975, §13A-6-62(a)(2). He was sentenced as a habitual offender to 15 years' imprisonment, to serve a split sentence of three years in the penitentiary and five years on probation.

His sole contention on appeal is that the trial court erred in denying his motion for judgment of acquittal1 on the ground that the State failed to prove that the victim was mentally defective.

Because a motion for judgment of acquittal tests the sufficiency of the evidence to support a conviction, where the…