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STATE v. WOODRUFF

3 Div. 932.

460 So.2d 325 (1984)

STATE v. Tony WOODRUFF.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 13, 1984.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen. and Joseph G.L. Marston III and Richard L. Owens, Asst. Attys. Gen., for appellant.

John T. Kirk, Montgomery, for appellee.

PATTERSON, Judge.

The appellee, Tony Woodruff, was charged by affidavit and warrant in the District Court of Montgomery County with the misdemeanor offense of sexual misconduct prohibited by § 13A-6-65, Code of Alabama (1975). More specifically, Woodruff was charged with the violation of § 13A-6-65(a)(3), which Act provides as follows:

"(a) A person commits the crime of sexual misconduct if: . . . (3) He or she engages in deviate...

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