Burton v. State

ALMON, Judge.

Arley Edward Burton was convicted of rape and his punishment was fixed at ten years in the penitentiary. We will set out the facts necessary to understand the questions of law presented.

In the early morning hours of July 31, 1970, the complaining witness was returning home. She had been nightclubbing in Mobile with several friends. The time was estimated at 1:30 A.M. As she was driving along she noticed an automobile behind her with its lights blinking. She testified that she thought it was a couple who had been sitting with her friends at the Capri Club. She slowed down to see…