Sasser v. State

Jimmy Sasser was charged in a two count indictment with rape in the first degree and sodomy in the first degree in violation of §§ 13A-6-61 (a)(3) and 13A-6-63 (a)(3), Code of Alabama 1975. The jury returned a verdict of "guilty of rape in the first degree" and Sasser was sentenced to life imprisonment without parole pursuant to the Habitual Felony Offender Act. The appellant does not raise the weight and sufficiency of the evidence as an issue in this cause. Briefly stated, the facts of this cause are as follows:

Jimmy Sasser is alleged to have had sexual intercourse with his eight-year-old…