Patrick v. State

Frank Patrick was convicted by a Mobile County jury of rape in the first degree of a ten-year-old girl and was sentenced to ten years' imprisonment in the penitentiary. By this appeal, Patrick contends that the court should have granted his motion for judgment of acquittal for failure to make out a prima facie case, contending that the state had failed to prove the element of sexual intercourse.

"(a) A male commits the crime of rape in the first degree if:

"(1) He engages in sexual intercourse with a female by forcible compulsion; or

"(2) He engages in sexual intercourse with a female who is…