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WHITE v. STATE

No. 57548.

520 So.2d 497 (1988)

Harold WHITE v. STATE of Mississippi.

Supreme Court of Mississippi.

February 17, 1988.

Attorney(s) appearing for the Case

Billy W. Shelton, Tupelo, for appellant.

Edwin Lloyd Pittman and Mike Moore, Attys. Gen., by DeWitt Allred, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before DAN M. LEE, P.J., and PRATHER and GRIFFIN, JJ.

DAN M. LEE, Presiding Judge, for the Court:

The grand jury of Lee County indicted Harold White on February 6, 1985, for the crime of rape of a child under the age of 12 pursuant to Miss. Code Ann. § 97-3-65(1) (1972 & Supp. 1986) (The statute subsequently has been amended as to the age of the victim, but the amendment has no effect on the present case.) On November 19, 1985, the jury found White guilty but was unable to fix the penalty. On November 22, 1985...

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