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THOMAS v. STATE

No. 47774.

291 So.2d 744 (1974)

Andrew THOMAS, Jr. v. STATE of Mississippi.

Supreme Court of Mississippi.

March 11, 1974.

Attorney(s) appearing for the Case

Gerald A. Dickerson, Emily V. Baker, Pascagoula, for appellant.

A.F. Summer, Atty. Gen. by Ben H. Walley, Asst. Atty. Gen., Jackson, for appellee.

SMITH, Justice:

Andrew Thomas, Jr. was tried in the Circuit Court of Jackson County on a charge of burglary. He was convicted and sentenced to serve a term of 5 years in the penitentiary. He appeals.

At 2:30 in the morning, patrolling officers noticed that the door of the Bar 16 Cafe was ajar. Entering the cafe to investigate, the officers found Thomas kneeling by the jukebox with a tire tool in his right hand and a knife in his left. It was discovered that...

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