Kabase v. State

SIMPSON, Judge.

The conviction was for rape. The punishment was twenty years imprisonment in the penitentiary.

This is a companion case of Ellis v. State, Ala.Sup., 11 So.2d 861. 1 Ellis, at his trial, was convicted of the actual rape of the prosecutrix and received a punishment of twenty-five years imprisonment. It was not contended that this defendant, Kabase, harmed the young woman. The State urged his conviction upon the theory of a conspiracy existing between Ellis and this defendant, and that Kabase was an aider or abettor of Ellis in consummating the crime.

The law applicable to this…