Howell v. State

TAYLOR, Judge.

The appellant, Clifton David Howell, was convicted of rape in the first degree, a violation of § 13A-6-61, Code of Alabama 1975, and was sentenced to 15 years’ imprisonment.

Section 13A-6-61 provides in pertinent part that “[a] male commits the crime of rape in the first degree if ... [h]e engages in sexual intercourse with a female by forcible compulsion.” The term “forcible compulsion” is defined in § 13A-6-60(8) as “[physical force that overcomes earnest resistance or a threat, express or implied, that places a person in fear of immediate death or serious physical injury to…