Mosley v. State

TAYLOR, Judge.

Appellant Peter Mosley was indicted and convicted of rape in the first degree. He was sentenced under the Habitual Offender Act, § 13A-5-9, Code 1975, to life imprisonment without parole.

I

He appeals from his conviction contending first that the State failed to present evidence to prove all of the elements of rape in the first degree. Specifically, he contends that insufficient evidence was presented to prove that he had sexual intercourse with the victim by forcible compulsion.

The victim testified that as she was walking home from work sometime after 9:30 p.m. on July 10, 1985,…