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USRY v. STATE

No. 51427.

378 So.2d 635 (1979)

Carlton USRY and Bobby Barrett v. STATE of Mississippi.

Supreme Court of Mississippi.

December 19, 1979.

Attorney(s) appearing for the Case

Jerry L. Bustin, Forest, for appellant.

A.F. Summer, Atty. Gen. by Wayne Snuggs, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, SUGG and WALKER, JJ.

WALKER, Justice, for the Court:

In the Circuit Court of Scott County, Mississippi, Carlton Usry and Bobby Barrett were jointly indicted and jointly tried for and convicted of the crime of burglary of a business on an indictment that also charged that both were habitual criminals pursuant to Mississippi Code Annotated section 99-19-81 (Supp. 1978). Barrett was sentenced as a habitual criminal to serve a term of seven years imprisonment without benefit of suspension...

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