Cable v. State

LEIGH M. CLARK, Retired Circuit Judge.

A jury found defendant-appellant guilty on a trial under an indictment that charged in pertinent part that he “did engage in sexual intercourse” with a named person, “a female, by forcible compulsion, in violation of § 13A-6-61 of the Code of Alabama,” which classifies rape in the first degree as a Class A felony, which by § 13A-5-6(a)(l) is punishable by imprisonment “for life or not more than 99 years or less than 10 years.” The court sentenced him to imprisonment for forty-five years.

Before the commencement of the trial of the case, this appellant was…