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SWAIN v. STATE

1921003.

629 So.2d 699 (1993)

Ex parte State of Alabama. Re Willie A. SWAIN v. STATE.

Supreme Court of Alabama.

September 3, 1993.

Attorney(s) appearing for the Case

James H. Evans, Atty. Gen., and Jack W. Willis, Asst. Atty. Gen., for petitioner.

Jeb Fannin, Talladega, for respondent.

INGRAM, Justice.

We granted the State's certiorari petition in this rape case to determine whether the Court of Criminal Appeals' holding that the State failed to prove penetration conflicts with prior decisions of this Court and of the Court of Criminal Appeals.

Willie A. Swain was indicted for the offense of rape in the first degree of his 11-year-old daughter. See § 13A-6-61(a)(3), Ala.Code 1975. A...

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