Thomas v. State
| Decision Date | 08 August 1974 |
| Citation | 292 Ala. 755,298 So.2d 657 |
| Parties | In re Vincent THOMAS v. STATE. Ex parte Vincent Thomas. SC 761. |
| Court | Alabama Supreme Court |
Certiorari to the Court of Criminal Appeals.
J. Massey Relfe, Jr., Birmingham, for petitioner.
No brief for the State.
Petition of Vincent Thomas for Certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that Court in Thomas v. State, 53 Ala.App. 232, 298 So.2d 652.
Writ denied.
To continue reading
Request your trial
6 cases
-
Freeman v. State
... ... " 'However, penetration to any particular extent is not required, ... nor need there be an entering of the vagina or rupturing of the hymen, the entering of the vulva or labia being sufficient; but some degree of entrance of the male organ within the labia pudendum is essential.' " Thomas v. State, 53 Ala.App. 232, 298 So.2d 652, 656 (Ala.Cr.App.), writ. denied, 292 Ala. 755, 298 So.2d 657 (1974). Whether such penetration is accomplished is a factual question for the jury. Jackson v. State, 390 So.2d 671, 673 (Ala.Cr.App.1980), writ denied, 390 So.2d 675 (Ala.1980). A review of ... ...
-
Smith v. State
... ... The prosecutrix testified in response to questioning by the prosecution that the appellant placed his private parts into her private parts. This was sufficient to show penetration. Thomas v. State, 53 Ala.App. 232, 298 So.2d 652, Cert. denied, 292 Ala. 755, 298 So.2d 657 (1974); Beckley v. State, Ala.Cr.App., 353 So.2d 542 (1977) ... The prosecutrix's testimony as to the degree and nature of her resistance was sufficient to present a question of fact for the jury ... ...
-
Myers v. State, 4 Div. 812
... ... Myhand v. State, 359 Ala. 415, 66 So.2d 544 (1953); Section 13-1-131, supra. Sexual intercourse is synonymous with carnal knowledge. Harris v. State, Ala.Cr.App., 333 So.2d 871 (1976); Thomas v. State, 53 Ala.App. 232, 298 So.2d 652, cert. den., 292 Ala. 755, 298 So.2d 657 (1974) ... The trial court is not required to charge the jury on a lesser included offense when the evidence offered at trial points either to the guilt of the accused of the offense charged in the ... ...
-
Beckley v. State, 6 Div. 583
... ... "However, penetration to any particular extent is not required, * * * nor need there be an entering of the vagina or rupturing of the hymen, the entering of the vulva or labia being sufficient; but some degree of entrance of the male organ within the labia pudendum is essential." Thomas v. State, 53 Ala.App. 232, 236, 298 So.2d 652, 656, cert. denied, 292 Ala. 755, 298 So.2d 657 (1974) quoting from 75 C.J.S. Rape § 10b p. 472 ... Although the fact of penetration must be established beyond a reasonable doubt in order to sustain a conviction for rape, it need not ... ...
Request a trial to view additional results