SUMNER v. STATE

No. 48616.

316 So.2d 926 (1975)

Robert SUMNER v. STATE of Mississippi.

Supreme Court of Mississippi.

July 28, 1975.


Attorney(s) appearing for the Case

Cleve McDowell, Drew, for appellant.

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

Before GILLESPIE, SMITH and SUGG, JJ.


SUGG, Justice:

The defendant, Robert Sumner, was convicted of assault and battery with intent to kill and sentenced to a term of ten years in the State Penitentiary by the Circuit Court of Sunflower County.

The question for decision is whether defendant made a contemporaneous objection to hearsay evidence.

Caswell Stancill entered his home in Drew, Mississippi, after dark and discovered an intruder whom he could not identify. The intruder fired at...

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