WOODARD, Judge.
Defendant, Lionel Robinson, was charged by bill of indictment on February 4, 1991, with the crime of aggravated rape, a violation of La.R.S. 14:42, in that he allegedly committed rape upon a child under the age of twelve years. Defendant waived trial by jury. At the conclusion of all testimony, the court did not find sufficient evidence that penetration, as required by La.R.S. 14:41, had occurred. Thus, on July 29, 1991, defendant was found guilty...
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