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DEW v. STATE

No. 48299.

309 So.2d 857 (1975)

Johnson Y. DEW, Jr. v. STATE of Mississippi.

Supreme Court of Mississippi.

March 24, 1975.

Attorney(s) appearing for the Case

Garner, Whitten & Garner, Hernando, Sandra Gustafson, South Haven, for appellant.

A.F. Summer, Atty. Gen., by Vera Madel Speakes, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, ROBERTSON and WALKER, JJ.

PATTERSON, Justice:

Johnson Y. Dew, Jr. was tried for the murder of his wife. He was convicted of manslaughter and sentenced to eight years in the penitentiary by the Circuit Court of DeSoto County. He now appeals and urges for reversal the benefit of the Weathersby Rule.

In Weathersby v. State, 165 Miss. 207, 147 So. 481 (1933), this Court stated:

... It has been for some time the established rule in this state that where the defendant or the defendant...

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