Nail v. State

The appellant, Rex Allen Nail, was charged under two indictments. The first indictment charged the appellant with robbery in the third degree, in violation of § 13A-8-43, Code of Alabama 1975. Count one of the second indictment charged the appellant with rape in the first degree, in violation of §13A-6-61, Code of Alabama 1975, and count two of the second indictment charged him with sodomy in the first degree, in violation of § 13A-6-63, Code of Alabama 1975. The jury found the appellant not guilty of robbery in the third degree, not guilty of rape in the first degree, and guilty of attempted…