Robinson v. State

Eddie Robinson was indicted for rape in the first degree in violation of § 13A-6-61, Code of Alabama 1975. The jury found the appellant guilty of the lesser included offense of sexual misconduct and the trial judge sentenced him to twelve months' imprisonment in the Walker County Jail.

On June 22, 1982, the appellant was at his uncle's home watching television with his three cousins. Around 11:00 p.m., the appellant's uncle went to work. His three cousins went to sleep in their bedrooms while the appellant slept on the sofa.

Sometime during the night, the victim, who was deaf and mute, got out…