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HOLLOWAY v. STATE

5 Div. 644.

182 So.2d 906 (1965)

Henry Martin HOLLOWAY v. STATE.

Court of Appeals of Alabama.

Rehearing Denied November 2, 1965.

Attorney(s) appearing for the Case

Tom Radney and Wm. I. Byrd, Alexander City, for appellant.

Richmond M. Flowers, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.

CATES, Judge.

This appeal was submitted April 22, 1965.

Holloway was indicted and convicted of carnal knowledge of a girl of between twelve and sixteen years, his fifteen year old daughter. Code 1940, T. 14, § 399.1 The petty jury set his punishment at the lawful maximum, i. e., ten years in the penitentiary.

I.

The State's proof came from the girl in question and...

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