Lake v. State

475 So. 2d 896, 1985 Ala. Crim. App. LEXIS 5284
CourtCourt of Criminal Appeals of Alabama
DecidedMay 14, 1985
Docket6 Div. 457
StatusPublished
Cited by3 cases

This text of 475 So. 2d 896 (Lake v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lake v. State, 475 So. 2d 896, 1985 Ala. Crim. App. LEXIS 5284 (Ala. Ct. App. 1985).

Opinion

LEIGH M. CLARK, Retired Circuit Judge.

A jury found this appellant, a male, guilty as charged in an indictment that he “did engage in sexual intercourse with” a named person “a female, by forcible compulsion, in violation of Section 13A-6-61 of the Alabama Criminal Code.” In due course, the trial court adjudged him guilty and sentenced him to life imprisonment without parole, it having been shown that he had been previously convicted of four felonies.

The only witness to the incident forming the basis for the crime charged was the alleged victim. The other witnesses testifying in the case were two officers of the Birmingham Police Department and one officer of the Bessemer Police Department. They testified on call of the State.

The following is the caption of the first issue presented in brief of counsel for appellant:

“THE TRIAL COURT ERRED IN DENYING DEFENDANT’S MOTION FOR A JUDGMENT OF ACQUITTAL IN VIEW OF STATE’S FAILURE TO ESTABLISH A PRIMA FACIE CASE.”

We are indebted to the attorney for each of the parties for strong arguments pro and con as to this issue. Counsel for appellant emphasizes what he considers conduct inconsistent with appellant’s guilt on the part of the alleged victim for hours and days prior to the actual incident made the basis of the charge of rape and conduct on her part thereafter, especially that which appellant’s attorney particularizes in his brief by the following part of the victim’s testimony:

“Q. Rape is against the law; isn’t it?
“A. Yes, I know.
[898]*898“Q. But you went home and undressed and went to bed?
“A. Yes.
“Q. Is that all you thought of what had occurred, if it occurred, the way you say it happened, that is all you thought of that was to go home and undress and go to bed?
“A. Yes. I was confused, something like this doesn’t happen every day.
“Q. You were so confused you would not call the police?
“A. I called the following morning.
“Q. Now you went into the house and you did what?
“A. I undressed and I went to sleep. “Q. Did you sleep soundly?
“A. I just—
“Q. Slept like you always sleep, right? “A. Yes.”

Appellant’s attorney further argues that “although she lived with her mother who was home on the night of the alleged incident, she never bothered telling her until immediately prior to the trial. It should be noted that proxecutrix had previously appeared at two prior hearings.” The argument on the issue in the brief of counsel for appellant concludes as follows:

“In closing, Appellant argues that the evidence presented by the prosecutrix is so flagrantly inconsistent and insubstantial as to vitiate its use to support the alleged offense. In effect, Appellant maintains that prosecutrix’s evidence palpably fails to make a prima facie case. Gulley v. State, Ala.Cr.App., 342 So.2d 1362. If the integrity of the legal standard requires the State to put forth a prima facie case is to remain viable, the instant case should be reversed.”

Gulley v. State, Ala.Cr.App., 342 So.2d 1362 (1977), holds to the contrary to the contention of appellant. In Gulley v. State, at 342 So.2d 1364, is the following:

“... The victim herself testified that the appellant had sexual intercourse with her and that such intercourse was accomplished by force and against her will and consent. This, if believed by the jury, was sufficient to sustain a conviction for rape. Williams v. State, Ala.Cr.App., 335 So.2d 249 (1976).”

In accordance therewith, we hold that a jury question was presented as to defendant’s guilt and the trial court was correct in denying defendant’s motion for a judgment of acquittal, as shown by the testimony of the victim that while defendant was in her automobile with a knife in his hand, the following occurred:

“Q. What happened after he grabbed you, with the knife.
“A. After he grabbed me I got in the back seat. And after I was in the back seat that’s when he came through the middle seat and got in the back.
“Q. Through the inside of the car?
“A. Uh-huh (indicated yes).
“Q. Where were your keys?
“A. Oh, he took my keys. After — after — after he made me stop the car he took my keys, they were in his pocket.
“Q. And what happened after that, please, ma’am?
“A. He made me undress and that’s when he raped me.
“Q. And by rape, do you mean that this man, Mr. Richard Edward—
“MR. CHESTNUT: I object, leading.
“THE COURT: Overruled.
“Q. (By Ms. Smitherman): Placed his private parts in your private parts?
“A. Yes.
“Q. Was that against your will?
“A. Yes.
“Q. Tell the Ladies and Gentlemen of the Jury whether or not this was in Birmingham, Jefferson County.
“A. Yes.
“Q. Do you have a judgment, Ms. Taylor, as to what time this was?
“A. When we arrived?
“Q. After.
“A. After?
“Q. When you stopped the car and got into the back seat?
“A. Okay. It was around 12:15.
[899]*899“Q. What happened after he entered your private parts with his private-parts?
“A. He forced me to have sex with him. And then we were just talking.
“Q. What was he saying to you?
“A. He was just saying oh — he was saying that I should have cooperated in the beginning because this was what I wanted anyway.
“Q. Was that what you wanted?
“A. No.
“Q. What happened after you got through, please, ma’am?
“A. Afterwards — afterwards, he got out and pulled his clothes up and I put mine on, too.
“Q. Do you have a judgment as to how long you were in the back seat of the automobile?
“A. About 20 minutes.
“Q. After you got out and put your clothes on, what happened next?
“A.

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Related

Garrett v. State
580 So. 2d 58 (Court of Criminal Appeals of Alabama, 1991)
Williams v. State
535 So. 2d 225 (Court of Criminal Appeals of Alabama, 1988)
Fairchild v. State
505 So. 2d 1265 (Court of Criminal Appeals of Alabama, 1986)

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475 So. 2d 896, 1985 Ala. Crim. App. LEXIS 5284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lake-v-state-alacrimapp-1985.