Kimbrough v. State

The defendant was indicted and convicted for kidnapping in the first degree (Alabama Code Section 13A-4-43 (a)(4) (1975)) and robbery in the first degree (Alabama Code Section 13A-8-41 (1975)). Sentences were twenty years' and twenty-five years' imprisonment, respectively, with the sentences to run concurrently. Two issues are argued on appeal.

I

The defendant contends that it was error for the trial judge to deny his requested motion for a mistrial after the victim had testified, over objection, in the trial for robbery and kidnapping that she had been raped when she had given contradictory…