Johnson v. State

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

The appellant, Glen Dale Johnson, was charged with two counts of first-degree rape. The first count charged that Johnson had sexual intercourse with the victim by forcible compulsion, a violation of § 13A-6-61(a)(1), Ala. Code 1975; the second count alleged that Johnson engaged with sexual intercourse with the victim when Johnson was over the age of 16 and the victim was less than 12 years old, a violation of §13A-6-61(a)(3), Ala. Code 1975. As to count one,…