BUTLER v. STATE

No. 46064.

241 So.2d 832 (1970)

Ernest Ray BUTLER v. STATE of Mississippi.

Supreme Court of Mississippi.

December 7, 1970.


Attorney(s) appearing for the Case

Comer & Comer, Booneville, for appellant.

A.F. Summer, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty. Gen., and John M. Kinard, Special Asst. Atty. Gen., Jackson, for appellee.


SMITH, Justice:

Ernest Ray Butler was convicted in the Circuit Court of Tishomingo County of having intentionally pointed, aimed and fired a 12 gauge shotgun at one Percy Brown, not in necessary self-defense, nor in the discharge of official duty, thereby wounding the said Percy Brown. Mississippi Code 1942 Annotated section 2013 (1956).

For his offense the court imposed a sentence of five years in the penitentiary, suspending half of it during good behavior...

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