Wallace v. State

The defendant was indicted and convicted for rape in the first degree. Section 13A-6-61, Alabama Code 1975 (Amended 1977). Sentence was 99 years' imprisonment.

I

The prosecutrix did not testify. On appeal, the defendant maintains that the complaint she made identifying her assailant should not have been admitted into evidence because it was not part of the res gestae. We disagree.

On the afternoon of the 14th of March 1980, Mrs. Nell Nichols went to the home of her neighbor, the 78 year old prosecutrix. The prosecutrix was sitting in a chair and appeared normal. Mrs. Nichols observed the…