McIntosh v. State

Rape, first degree; life imprisonment.

The victim in this case was seven years old at the time of the incident. She testified that, in August, 1981, she lived with her mother at 51 Johnson Homes in Dothan, Alabama. On Sunday, August 30, 1981, she left her aunt's house with appellant and went to her mother's house. They watched television for awhile, then she went to her room, put on her nightgown, and went to sleep.

The victim stated that she was later awakened by appellant who took off her nightgown and "got her bootie." When asked to point out what she meant by "bootie," the child pointed to…