Kirby v. State

Frank David Kirby was convicted of rape in the first degree, a violation of § 13A-6-61, Code of Alabama 1975, and sentenced to life imprisonment. He raises on appeal four issues; however, none questions his guilt. Accordingly, we will not present a panoply of facts detailing the appellant's heinous crime.

On a cold Friday night, January 23, 1981, the eighteen-year-old victim was exiting her car in a pizza parlor's parking lot when she was forcibly abducted by three men in a red pickup truck; Steve Chamblee approached her under the pretense of needing directions and then slugged her and dragged…