Seales v. State
Decision Date | 19 April 1991 |
Citation | 581 So.2d 1192 |
Parties | Ex parte State of Alabama. (Re Theron SEALES v. STATE of Alabama). 1900355. |
Court | Alabama Supreme Court |
Don Siegelman, Atty. Gen., and Rosa H. Davis, Asst. Atty. Gen., for petitioner.
J. Scott Boudreaux, Birmingham, for respondent.
Theron Seales was convicted in the Circuit Court of Jefferson County of the first degree rape of his seven-year-old stepdaughter. The Court of Criminal Appeals reversed the conviction and rendered a judgment in Seales's favor. Seales v. State, 581 So.2d 1188 (Ala.Crim.App.1990). The State's application for rehearing in that court was overruled. The State then filed a petition for a writ of certiorari, which was granted. We reverse and remand.
See the opinion of the Court of Criminal Appeals for a full explanation of the facts and circumstances surrounding this case.
The State maintains that the Court of Criminal Appeals erred to reversal in holding that Seales was entitled to a judgment of acquittal. Specifically, the State contends that it was reasonably inferable from the evidence that Seales was guilty beyond a reasonable doubt; therefore, it argues, the question of Seales's guilt or innocence was one properly reserved for the jury. We agree.
The standard for appellate review of an issue regarding the sufficiency of the evidence in a case such as this one was set out in Dolvin v. State, 391 So.2d 133 (Ala.1980):
391 So.2d at 137-38, quoting Cumbo v. State, 368 So.2d 871, 874 (Ala.Crim.App.1978), cert. denied, Ex parte Cumbo, 368 So.2d 877 (Ala.1979). See, also, Robinette v. State, 531 So.2d 697 (Ala.1988). (Emphasis added in Dolvin.)
The indictment in the present case charged that Seales, who was over 16 years of age, had engaged in "sexual intercourse" with his stepdaughter, who was under 12 years of age. This charge was based on Ala.Code 1975, § 13A-6-61(a)(3), which reads, in pertinent part, as follows:
"Sexual intercourse" is defined in Ala.Code 1975, § 13A-6-60(1) (1990 Cum.Supp.), as follows:
"Such term has its ordinary meaning and [sexual intercourse] occurs upon any penetration, however slight; emission is not required."
The sole issue presented for our review is whether the State presented sufficient evidence of penetration to support the jury's guilty verdict.
The opinion of the Court of Criminal Appeals in this case correctly states the law with respect to the amount of penetration that is necessary to constitute rape:
"Harris [v. State], 333 So.2d 871 [Ala.Crim.App.1976] (emphasis added)."
The opinion of the Court of Criminal Appeals also adequately summarizes the evidence relied upon by the State in support of its argument that penetration was sufficiently proved:
" " She further testified that she found no tears, bruises, or lacerations but that it was not uncommon not to find evidence of trauma in sexually abused children. She stated that the hymen was intact and acknowledged on cross-examination that this would indicate that penetration did not extend past the hymenal opening.
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