Copeland v. State

Robert Lee Copeland was separately indicted for rape in the first degree in violation of Alabama Code 1975, § 13A-6-61 (a)(1), and burglary in the first degree in violation of §13A-7-5 (a)(1). The indictments were consolidated for trial and Copeland was convicted as charged. Sentence was twenty years' imprisonment for the rape and ten years for the burglary, with the terms being concurrent.

On appeal, Copeland argues that the indictment was insufficient to inform him of the charge and that his demurrer should have been sustained.

The indictment tracked the language of the statute and stated, in…