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SPENCER v. STATE

No. 49515.

348 So.2d 1030 (1977)

Hendrick SPENCER v. STATE of Mississippi.

Supreme Court of Mississippi.

August 10, 1977.

Attorney(s) appearing for the Case

Guy & Dowdy, C. Wayne Dowdy, Ronald L. Whittington, McComb, for appellant.

A.F. Summer, Atty. Gen. by Scherry J. LeSieur, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, SMITH and LEE, JJ.

SMITH, Presiding Justice, for the Court:

Hendrick Spencer was convicted of the capital murder of a police officer under the provisions of Mississippi Code Annotated section 97-3-19(2)(a) (Supp. 1976) and was sentenced to death. His conviction and sentence must be reversed and the cause retried in accordance with Jackson v. State, 337 So.2d 1242 (Miss. 1976).

Appellant has also assigned as error the trial court's refusal...

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