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CHILDS v. STATE

No. 45953.

240 So.2d 611 (1970)

Herman CHILDS v. STATE of Mississippi.

Supreme Court of Mississippi.

November 2, 1970.

Attorney(s) appearing for the Case

John B. Farese, Ashland, Robert W. Elliott, Ripley, Peggy A. Jones, Ashland, for appellant.

A.F. Summer, Atty. Gen., by Timmie Hancock, Sp. Asst. Atty. Gen., Jackson, for appellee.

SMITH, Justice.

At the January 1968 Term of the Circuit Court of Tippah County the grand jury indicted Herman Childs for murder in connection with the fatal shooting of one Bobby Willingham. Upon his first trial under the indictment, the jury was unable to arrive at a verdict and a mistrial was entered. At a subsequent term, Childs was again placed on trial and a verdict of guilty of manslaughter was returned, the validity of which is seriously challenged upon this...

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