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JOINER v. STATE

1 Div. 193.

500 So.2d 81 (1986)

Henry Rufus JOINER v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied September 9, 1986.

Certiorari Denied December 5, 1986.

Attorney(s) appearing for the Case

Lynn E. Quinley, Daphne, for appellant.

Charles A. Graddick, Atty. Gen., and Martha Gail Ingram, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 85-1516.

TAYLOR, Judge.

Henry Rufus Joiner was convicted of sexual abuse in the first degree of the 12-year-old daughter of his nine-year common law wife, and was sentenced to six years' imprisonment. On appeal, he raises only one issue: whether the fact of a custody hearing for the child in juvenile court estops the state from proceeding criminally against him in this case.

When the child first made complaint, the Baldwin County...

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