Ingram v. State

Calvin Ingram was convicted of sexual abuse in the first degree and sentenced to 15 years' imprisonment. On this appeal from that conviction, the appellant argues that the trial judge committed reversible error in refusing to charge the jury on the offense of sexual abuse in the second degree.

The victim was 13 years old. The appellant was 24 years old and was the "boyfriend" of the victim's mother. The victim's testimony clearly established the offense of first degree sexual abuse charged in the indictment: "sexual contact by forcible compulsion, Ala. Code 1975, § 13A-6-66(a)(1).

The appellant…