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SIMMONS v. STATE

No. 41876.

241 Miss. 481 (1961)

130 So.2d 860

SIMMONS v. STATE.

Supreme Court of Mississippi.

May 29, 1961.

Attorney(s) appearing for the Case

John B. Loomer, Yazoo City, for appellant.

G. Garland Lyell, Asst. Atty. Gen., Jackson, for appellee.

McELROY, J.

This is an appeal from the Circuit Court of Yazoo County, Mississippi, wherein J.W. Simmons was convicted of the crime of murder and sentenced to be executed in the gas chamber.

March 19, 1960, Mr. Hugh O'Reilly, hearing a noise in his store a short distance from his home, telephoned a friend, A.D. Hearst, to arm himself and go with him to the store to investigate. Hearst armed himself with a shotgun...

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