Gibson v. State

On Second Return to Remand

COBB, Judge.

Willie Gibson was indicted for rape in the first degree, a violation of § 13A-6-61, Code of Alabama 1975. A jury found the appellant guilty of this offense and he was sentenced to 40 years’ imprisonment. The victim in this case, L.F., was the appellant’s daughter and she was 13 when the incident that is the basis of this charge occurred. The evidence showed that on June 5 or 6,1991, L.F. was at home with the appellant and her two younger brothers. The appellant told L.F. to go into her mother’s room and to remove her clothes. Although L.F. did not want to…