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SWAIN v. STATE

7 Div. 680.

504 So.2d 347 (1986)

Kenneth Ray SWAIN v. STATE.

Court of Criminal Appeals of Alabama.

On Return to Remand March 10, 1987.

Attorney(s) appearing for the Case

Andrew W. Redd, Sylacauga, for appellant.

Charles A. Graddick, Atty. Gen., and Gerrilyn V. Grant, Asst. Atty. Gen., for appellee.

BOWEN, Presiding Judge.

Kenneth Ray Swain was convicted of rape in the second degree and sexual abuse in the second degree. He was sentenced to five years imprisonment on the rape conviction. He was not sentenced for the sexual abuse conviction.

The State's evidence proved that the defendant, on two separate occasions, raped and sexually abused the thirteen-year-old daughter of the woman with whom he had been living.

I

We find no evidence...

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