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SMITH v. STATE

No. 42012.

242 Miss. 728 (1962)

137 So.2d 172

SMITH v. STATE

Supreme Court of Mississippi.

February 5, 1962.

Attorney(s) appearing for the Case

Thomas D. Berry, Jr., Gulfport, for appellant.

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

ETHRIDGE, J.

(Hn 1) Appellant Smith was convicted in the Circuit Court of Harrison County of armed robbery. Miss. Code 1942, Rec., Sec. 2367. The jury found him guilty of holding up the operator of a service station with a gun, and obtaining money thereby. The State's case rested principally upon the testimony of John Lambert, operator of the station, who stated positively that defendant was the man who committed...

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