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BAILEY v. STATE

No. 1998-CA-01121-COA.

760 So.2d 781 (2000)

Larry Alan BAILEY, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied March 21, 2000.

Certiorari Denied May 11, 2000.

Attorney(s) appearing for the Case

Martin A. Kilpatrick, Greenville, Attorney for Appellant.

Office of the Attorney General by Pat S. Flynn, Attorney for Appellee.

BEFORE KING, P.J., BRIDGES, AND MOORE, JJ.

BRIDGES, J., for the Court:

¶ 1. On May 8, 1997, a grand jury sitting in Tate County, Mississippi indicted Larry Alan Bailey on charges stemming from an arrest for sexual battery of a minor four days earlier. Count I alleged an attempted violation of Miss.Code Ann. § 97-3-65(1) (Rev.1994), the "statutory rape" law and Count II charged an actual violation of Miss.Code Ann. § 97-3-95(1)(c), the "sexual battery" statute. On June 23, 1997, Bailey entered...

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