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GRAHAM v. STATE

No. 45616.

229 So.2d 548 (1969)

Eudell GRAHAM v. STATE of Mississippi.

Supreme Court of Mississippi.

December 15, 1969.

Attorney(s) appearing for the Case

Zachary, Weldy & Ingram, Hattiesburg, for appellant.

A.F. Summer, Atty. Gen., by Guy N. Rogers, Asst. Atty. Gen., and Wade H. Creekmore, Jr., and James H. Creekmore, Special Asst. Attys. Gen., Jackson, for appellee.

SMITH, Justice.

Eudell Graham was indicted, with others, by the Forrest County Grand Jury for the armed robbery of Mr. and Mrs. Herbert Aplin. Mississippi Code 1942 Annotated section 2367 (1956). A severance was granted, Graham was tried separately, convicted and sentenced to serve a term of 40 years in the penitentiary. From that conviction and sentence he appeals here.

The evidence for the prosecution consisted of the testimony of Mr. and Mrs. Aplin and...

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