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GATOR v. STATE

No. 52612.

402 So.2d 316 (1981)

James Calvin GATOR v. STATE of Mississippi.

Supreme Court of Mississippi.

As Modified on Denial of Rehearing April 29, 1981.

Attorney(s) appearing for the Case

William K. Duke, Richard C. Davis, Oxford, for appellant.

Bill Allain, Atty. Gen. by Mark A. Chinn, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROBERTSON, P.J., and BROOM and HAWKINS, JJ.

ROBERTSON, Presiding Justice, for the Court:

James Calvin Gator was indicted, tried and convicted in the Circuit Court of Lafayette County for the rape of a 58-year-old widow. The jury was unable to agree on punishment, whereupon, the trial court sentenced Gator to serve 23 years in an institution designated by the Mississippi Department of Corrections.

Around 10:30 p.m. on October 10, 1978, the prosecutrix, a 58-year-old widow, was awakened by a light in...

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