Koch v. State

A jury found defendant (appellant) guilty of carnal knowledge of a girl under the age of twelve and fixed his punishment at imprisonment for sixty years. He was sentenced accordingly.

This is the second appeal in the case. On the former appeal(Koch v. State, Ala.Cr.App., 384 So.2d 1191 (1980), the judgment of the trial court was reversed and the cause remanded by reason of the fixation by the trial court of the punishment, which should have been determined and fixed by the jury as required by Code of Ala. 1940, Tit. 14, § 398, which was effective until October 31, 1977, the effective date of…