WINTERS v. STATE

No. 42369.

244 Miss. 704 (1962)

146 So.2d 350

WINTERS v. STATE

Supreme Court of Mississippi.

November 5, 1962.


Attorney(s) appearing for the Case

Charles C. Finch, Batesville, for appellant.

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


ETHRIDGE, J.

Aaron Winters, appellant, was convicted in the Circuit Court of Quitman County of attempted rape upon an eleven year old girl, and was sentenced to ten years in the state penitentiary. The evidence, in conflict to some extent, is sufficient to support the conviction, but it must be reversed because of a material and probably prejudicial error of law in the granting of an instruction for the State.

The...

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