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TONEY v. STATE

No. 47609.

298 So.2d 716 (1974)

James TONEY v. STATE of Mississippi.

Supreme Court of Mississippi.

August 12, 1974.

Attorney(s) appearing for the Case

Charles R. Holladay, Picayune, for appellant.

A.F. Summer, Atty. Gen., by Karen Gilfoy, Sp. Asst. Atty. Gen., Jackson, for appellee.

INZER, Justice:

Appellant James Toney was indicted, tried and convicted in the Circuit Court of Pearl River County of the crime of assault and battery with intent to kill and murder Cleveland McQueen. He was sentenced to serve a term of three years in the State Penitentiary. From this conviction and sentence he appeals. We reverse and remand.

On Friday night September 29, 1972, at about 10:30 p.m. appellant, who was a Vietnam veteran, George Perkins, Marie...

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