Smith v. State

TYSON, Judge.

Cleveland Smith was indicted for rape in the first degree in violation of § 13A-6-61, Code of Alabama 1975. The jury found the appellant “guilty as charged in the indictment.” The appellant was sentenced to 20 years’ imprisonment in the state penitentiary.

On April 18, 1987, around 9:00 a.m., the prosecutrix went to a bus stop in Mobile. The appellant drove up to the bus stop in a maroon or rust automobile. He forced the prosecutrix into his car by holding a gun on her.

The appellant then drove to a deserted parking lot where he told the prosecutrix that he would blow her brains…