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Alabama (2011/2015/2019)


Birdsong v. State (2017) 267 So. 3d 343

Defendant’s first-degree-kidnapping and domestic-violence-by-strangulation convictions did not violate double jeopardy, even though both alleged statutory violations arose from the same transaction; each offense required proof of an element that the other did not as domestic violence by strangulation required proof of an assault, which kidnapping did not, and kidnapping required proof of an abduction, which domestic violence by strangulation did not

Bradley v. State (1985) 494 So. 2nd 750 

Even though there was no evidence of trauma in the genitalia area, there was evidence of strangulation which was proof of forcible compulsion.Forcible compulsion is defined by law: Physical force that overcomes earnest resistance or a threat, expressed or implied, that places a person in fear of immediate death or serious physical injury to himself or another person.

 

 

 

 

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