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CHURCH v. STATE

No. 47638.

288 So.2d 855 (1974)

Robert CHURCH v. STATE of Mississippi.

Supreme Court of Mississippi.

January 21, 1974.

Attorney(s) appearing for the Case

Barnett, Montgomery, McClintock & Cunningham, Jackson, for appellant.

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

SUGG, Justice:

Robert Church was convicted in the Circuit Court of Neshoba County for receiving stolen property having a value greater than $100 in violation of Miss. Code Ann. § 97-17-69 (1972), and was sentenced to serve a term of 5 years in the Mississippi State Penitentiary.

We have carefully reviewed the evidence and it was sufficient to withstand the peremptory instruction requested by Church. However, the case must be reversed and remanded for...

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