Lanton v. State
Decision Date | 17 July 1984 |
Docket Number | 4 Div. 248 |
Citation | 456 So.2d 873 |
Parties | Thurman B. LANTON v. STATE. |
Court | Alabama Court of Criminal Appeals |
Samuel L. Adams, Dothan, for appellant.
Charles A. Graddick, Atty. Gen. and Glenn L. Davidson, Asst. Atty. Gen., for appellee.
Thurman Lanton was indicted and convicted for rape in the first degree in violation of Alabama Code (1975), § 13A-6-61. Sentence was fifteen years' imprisonment. Two issues are raised on appeal.
The trial judge did not err in denying the defendant's motion for a physical examination of the thirteen-year-old victim. McGuff v. State, 88 Ala. 147, 7 So. 35, 38 (1889). See generally 18 A.L.R.3d 1433 (1968) involving a psychiatric examination. 75 C.J.S. Criminal Law § 80 (1952).
Here, the child had been examined by a physician not a gynecologist. This physician testified as a defense witness that she could not determine whether or not the prosecutrix had engaged in sexual intercourse because the victim was too tense. The defendant alleged in his motion that he "has reason to believe an examination by a competent gynecologist would reveal that said ... [prosecutrix] has not engaged in sex." We do not consider this to constitute a showing of manifest or clear abuse of trial judge's discretion.
Although penetration is an essential element of the crime of first degree rape, an injury to the private parts of the victim is not. Evidence of injury may be used to prove penetration but it is neither essential nor necessary. Injury...
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State v. Nguyen, (AC 17107)
...of the victim against the need of the defendant before ordering an independent physical examination. See, e.g., Lanton v. State, 456 So. 2d 873, 874 (Ala. Crim. App. 1984) (physical examination of child victim should be ordered only in situations of "`extreme necessity'"), cert. denied, 471......
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State v. McIntosh
...for an independent physical examination should not be reversed on appeal absent a manifest abuse of discretion. Lanton v. State, 456 So.2d 873, 874 (Ala. Crim. App. 1984); 75 C.J.S. Criminal Law § 80 "State courts have adopted a number of approaches to determining whether an accused sex-off......
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State v. Barone
...for an independent physical examination should not be reversed on appeal absent a manifest abuse of discretion. Lanton v. State, 456 So.2d 873, 874 (Ala.Crim.App.1984); 75 C.J.S. Criminal Law § 80 State courts have adopted a number of approaches to determining whether an accused sex-offende......
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People v. Chard
...must show an "extreme need" before the trial court will order an involuntary physical examination of a child victim. Lanton v. State, 456 So.2d 873 (Ala.Crim.App.1984). The court in Lanton It may well be doubted, in cases of rape and cognate offenses, whether the court has the power to make......