Powe v. State

Willie James Powe was charged, in a two-count indictment, with first degree rape, in violation of § 13A-6-61, Ala. Code 1975, and second degree rape, in violation of § 13A-6-62. The charges stemmed from allegations by Powe's minor daughter, N.S., that Powe sexually assaulted her. Powe was convicted, after a jury trial, of rape in the first degree and was sentenced to a term of 12 years in the state penitentiary. However, the Court of Criminal Appeals reversed Powe's conviction and rendered a judgment for the defendant,597 So.2d 720, finding insufficient evidence to prove the element of…