Davenport v. State

LEIGH M. CLARK, Retired Circuit Judge.

A jury found defendant (appellant) guilty of rape in the first degree on a trial on an indictment that charged that he, “a male, did engage in sexual intercourse with Theresa Dianne Bland, a female, by forcible compulsion.” The court fixed his punishment at imprisonment for twenty-five years and sentenced him accordingly.

Code of Alabama 1975, § 13A-6-61(a) provides:

“A male commits the crime of rape in the first degree if;

“(1) He engages in sexual intercourse with a female by forcible compulsion.

According to § 13A-6-61(b), rape in the first degree is a…