Swint v. State

Henry Lewis Swint was indicted and convicted for rape in the first degree. Alabama Code (1975), § 13A-6-61. He was sentenced as an habitual offender to life imprisonment without parole. Four issues are argued on appeal.

I

The indictment charged that "Swint, and James Curtis Martin, . . . did engage in sexual intercourse with . . . [the prosecutrix], a female, by forcible compulsion." Swint argues that only one rape is charged and two persons cannot be guilty of a single joint rape. Clayton v. State, 244 Ala. 10, 12,13 So.2d 420 (1942). He also argues that the indictment is duplicitous because…