Southerland v. State

TAYLOR, Judge.

Appellant Roger Southerland was sentenced to five years’ imprisonment for attempt to commit rape in the first degree, in violation of § 13A-6-61, Code of Alabama 1975. Appellant Kathy Thornton was found guilty of attempt to commit sodomy in the first degree, in violation of § 13A-6-63, Code of Alabama 1975, and sentenced to four years’ imprisonment. There is one issue on their combined appeals.

Appellants contend that the state did not present sufficient evidence to support a verdict of guilty on the charges of attempted rape and attempted sodomy.

On February 4, 1983, the victim,…