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EX PARTE KING

1951664, 1951700.

707 So.2d 657 (1997)

Ex parte James E. KING. (Re James E. King v. State). Ex parte State of Alabama. (Re James E. KING v. STATE).

Supreme Court of Alabama.

Opinion by Concurring Opinion Specially on Overruling of Rehearing June 20, 1997.

Attorney(s) appearing for the Case

Spencer E. Davis, Jr., of Murchison & Sutley, L.L.C., Foley, for petitioner/cross-respondent James E. King.

Bill Pryor, atty. gen., and Robert D. Tambling, asst. atty. gen., for respondent/cross-petitioner State of Alabama.

John David Whetstone and John M. Tyson, Jr., district attys.; and Thomas W. Sorrells, executive director, Office of Prosecution Services, amici curiae in support of the State's application for rehearing.

Opinion by Justice Houston Concurring Specially on Overruling of Rehearing June 20, 1997.

PER CURIAM.

James E. King was charged in a three-count indictment related to allegations of sexual misconduct involving his minor stepdaughter. Our review involves Counts I and III.1

At trial, the state sought to prove that King had sexually molested his stepdaughter on several occasions. On Count I of the indictment, charging sodomy...

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