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DIVINE v. STATE

No. 2005-KA-02056-COA.

947 So.2d 1017 (2007)

Abraham DIVINE, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

January 30, 2007.

Attorney(s) appearing for the Case

Craig Andrew Conway, attorney for appellant.

Office of the Attorney General by Deshun Terrell Martin, attorney for appellee.

Before LEE, P.J., BARNES and ISHEE, JJ.

LEE, P.J., for the Court.

FACTS AND PROCEDURAL HISTORY

¶ 1. John Smith1 was staying with his grandmother, Kathleen, at her home in Meridian, Mississippi, between July 14 and July 16, 2003. At some point during his stay, John was with his uncle, Abraham Divine. Divine and his wife, who is John's mother's half-sister, were living with Kathleen at the time. John and Divine were in

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