LEATHERWOOD v. STATE

No. DP-70.

548 So.2d 389 (1989)

Alfred Dale LEATHERWOOD v. STATE of Mississippi.

Supreme Court of Mississippi.

July 19, 1989.


Attorney(s) appearing for the Case

John H. Anderson, Hattiesburg, Clive A. Stafford Smith, Atlanta, Ga., for appellant.

Mike Moore, Atty. Gen. by Marvin L. White, Jr., Asst. Atty. Gen., and Donald G. Barlow and Felicia C. Adams, Sp. Asst. Attys. Gen., Jackson, for appellee.

EN BANC.


ANDERSON, Justice, for the Court:

Alfred Dale Leatherwood has appealed his conviction in the Circuit Court of Forrest County of rape and sentence to death. Because of the improper admission of hearsay testimony of statements made by the victim, we reverse and remand. We also find that under our present statute the maximum penalty if convicted upon re-trial is life imprisonment.

FACTS

In March, 1985, the eleven-year-old victim, a fourth grade student...

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