Ex Parte Hightower

Petitioner Hightower was convicted of the crime of sexual misconduct, a misdemeanor. The Court of Criminal Appeals,443 So.2d 1270, affirmed, holding that there was "no fatal variance between the indictment charging sexual intercourse without consent and the proof of sexual intercourse with consent."

The solicitor's complaint charged that "the defendant, a male, did commit the crime of sexual misconduct in that the said William Edward Hightower, a male, did engage in sexual intercourse with Vergilyn Williams, a female, without her consent in violation of 13A-6-65 of the Code of Alabama. . . ."…