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McILWAIN v. STATE

No. 95-KA-00146-SCT.

700 So.2d 586 (1997)

Jerry McILWAIN, Jr. v. STATE of Mississippi.

Supreme Court of Mississippi.

August 7, 1997.

Attorney(s) appearing for the Case

C. Grant Hedgepeth, Laurel, for appellant.

Michael C. Moore, Attorney General, Jackson; Pat S. Flynn, Asst. Attorney General, Jackson, for appellee.

Before PRATHER, P.J., and JAMES L. ROBERTS, Jr. and MILLS, JJ.

MILLS, Justice, for the Court:

STATEMENT OF THE CASE AND FACTS

¶ 1. Jerry McIlwain, Jr. appeals his 1995 felony conviction in the Circuit Court of Wayne County, Mississippi of driving under the influence of intoxicating liquor in violation of Miss. Code Ann. § 63-11-30(2)(c) (1972). The issues on appeal, rephrased, are as follows:

ISSUES

1) Did the trial court err in overruling Defendant's Motion to Quash...

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