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FITZGERALD v. STATE

No. 47218.

275 So.2d 390 (1973)

Lavarry FITZGERALD v. STATE of Mississippi.

Supreme Court of Mississippi.

March 26, 1973.

Attorney(s) appearing for the Case

Marshall E. Hanbury, Jackson, for appellant.

A.F. Summer, Atty. Gen. by Karen Gilfoy and Billy L. Gore, Sp. Asst. Attys. Gen., Jackson, for appellee.

ROBERTSON, Justice:

Lavarry Fitzgerald was indicted, tried and convicted in the Circuit Court of the First Judicial District of Hinds County, Mississippi, of the crime of armed robbery. He was sentenced to 25 years in the State Penitentiary.

About 9:00 P.M., May 19, 1971, the appellant and two other black males entered Roger's Package Liquor Store at 907 Terry Road, Jackson, Mississippi. The appellant purchased a pint of wine and, as he paid for his purchase...

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