Thomas v. State

DeCARLO, Judge.

Appellant was convicted of rape and sentenced to ten years, with one year to be served in the penitentiary and nine years to be served on probation.

The State’s evidence showed that on the evening of September 14, 1979, the prosecu-trix was waiting for a bus on a street corner in downtown Birmingham, when appellant and one Michael Brown forced her into their automobile and drove her to appellant’s house. They beat her about the face with a coke bottle, dragged her into the bedroom, repeatedly raped her, and forced her to perform unnatural sex acts. The prosecutrix resisted and,…