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METZGER v. STATE

CR 89-263.

565 So.2d 291 (1990)

Edwin Arthur METZGER, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

June 29, 1990.

Attorney(s) appearing for the Case

William P. Powers, Columbiana, for appellant.

Don Siegelman, Atty. Gen., and Beth Jackson Hughes, Asst. Atty. Gen., for appellee.

JAMES H. FAULKNER, Retired Justice.

Edward Arthur Metzger, Jr., was indicted and convicted for rape in the second degree in violation of Ala.Code, 1975, § 13A-6-62(a)(2). He was sentenced as a habitual offender to 15 years' imprisonment, to serve a split sentence of three years in the penitentiary and five years on probation.

His sole contention on appeal is that the trial court erred in denying his motion for judgment of acquittal

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