SUMRALL v. STATE

No. 47151.

272 So.2d 917 (1973)

Gary SUMRALL v. STATE of Mississippi.

Supreme Court of Mississippi.

February 5, 1973.


Attorney(s) appearing for the Case

Lampkin Butts, E.R. Alley, Laurel, for appellant.

A.F. Summer, Atty. Gen., by T.E. Childs, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.


SMITH, Justice:

This is the second appearance of this case here. The decision of the Court on the former appeal is reported at 257 So.2d 853 (Miss. 1972).

Following remand, Sumrall was retried on the charge of selling and delivering marijuana, again convicted and sentenced to serve two years in the penitentiary.

The testimony of the witnesses on retrial as to the material facts differed in no significant particular...

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