Swain v. State

Full title: Willie A. SWAIN v. STATE

Court: Court of Criminal Appeals of Alabama

Date published: Oct 22, 1993

629 So. 2d 701 (Ala. Crim. App. 1993)

Opinion

CR 91-1858.

October 22, 1993.

Appeal from Talladega Circuit Court; Jerry Fielding, Judge.

Jeb Fannin, Talladega, for appellant.

James H. Evans, Atty. Gen., and Jack Willis, Asst. Atty. Gen., for appellee.

AFTER REMAND

BOWEN, Presiding Judge.

In Swain v. State, 629 So.2d 699 (Ala. 1993), the Alabama Supreme Court concluded that the State had presented sufficient evidence of penetration to prove that element of rape in the first degree. There being no other issues raised by the appellant on appeal, the judgment of the circuit court finding the appellant guilty of rape in the first degree is affirmed.

AFFIRMED.

All Judges concur.