Downing v. State

The appellant, Herschel E. Downing, was convicted of assault in the second degree, in violation of § 13A-6-21, Code of Alabama 1975, and of attempted rape in the first degree, in violation of § 13A-6-61(a), Code of Alabama 1975, and §13A-4-2, Code of Alabama 1975. Pursuant to the Habitual Felony Offender Act, he was sentenced to life imprisonment on each count, the sentences to run concurrently with each other and with the sentence he is now serving.

The state's evidence tended to show that on August 6, 1991, the victim1 met Downing at a pool hall. Later that evening, Downing followed the…