Elliott v. State

PRICE, Presiding Judge.

The appellants were separately indicted, tried and convicted for rape. They are charged with having committed the crime on the same occasion upon the same victim. Separate records are filed on appeal, but since we are of opinion all three cases are due to be reversed, and some of the questions raised are common to all, they are treated together. See Stone v. State, 243 Ala. 605, 11 So.2d 386.

Although the evidence presented was identical in each case, Johnson’s sentence was 20 years; Means was 75 years and Elliott’s life imprisonment.

The evidence for the state tended to…