DAY v. STATE

CR-11-1397.

124 So.3d 168 (2013)

Donald Richard DAY v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

March 29, 2013.


Attorney(s) appearing for the Case

Dennis J. Knizley , Mobile, for appellant.

Luther Strange , atty. gen., and Beth Slate Poe , asst. atty. gen., for appellee.


JOINER, Judge.

Donald Richard Day appeals his conviction for second-degree sexual abuse, see § 13A-6-67(a)(2), Ala.Code 1975. For the reasons stated below, we reverse and remand.

By way of an indictment the State charged that Day, "being sixteen years of age or older, did knowingly subject [J.L.S.], who at the time was less than twelve years of age, to sexual contact, to-wit: fondling her vagina with his hands, in violation of § 13A-6-66(a...

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