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JOHNSTON v. STATE

No. 89-KA-201.

567 So.2d 237 (1990)

George JOHNSTON v. STATE of Mississippi.

Supreme Court of Mississippi.

September 19, 1990.

Attorney(s) appearing for the Case

Jackson M. Brown, Starkville, for appellant.

Mike C. Moore, Atty. Gen., Deirdre McCrory, Sp. Ass't Atty. Gen., Jackson, for appellee.

Before DAN M. LEE, P.J., and PRATHER and SULLIVAN, JJ.

PRATHER, Justice, for the Court:

George Johnston was charged with driving under the influence of intoxicating liquor in Benton County on March 26, 1988. Johnston was tried and convicted in Justice Court and following his appeal and de novo trial he was again found guilty by the Benton County Circuit Court sitting without a jury.

I. THE FACTS

On March 26, 1988, Sheriff A.A. McMullen of Benton County received a telephone call at the Benton County Jail...

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