Brown v. State

Jordan, Justice.

Appellant, along with two others, was indicted for kidnapping, rape, sodomy and armed robbery. Appellant moved to sever and in a separate trial was convicted of kidnapping, rape, and sodomy; sentenced to three concurrent life sentences and appeals.

The state’s evidence showed that the victim was driving to a store alone on the night of September 11, 1976, to obtain medicine for a sick child when her car ran out of gas. Her CB radio failed to work and she started walking toward the store when three black males approached in a dark red automobile. After refusing their offer of…