Garrett v. State

The appellant was indicted for rape in the second degree in violation of § 13A-6-62, Code of Alabama 1975. He was found "guilty as charged in the indictment" and was sentenced to 12 years in prison. He raises five issues on appeal.

I

The appellant first contends that the court erred in denying his motion for mistrial because during his cross-examination of the victim, she testified that the appellant had also raped someone else. The record reveals that the following occurred during the cross-examination:

"Q Well, then why all of a sudden did you come up and make a complaint. Were you not scared…