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SANDERS v. STATE

No. 48206.

306 So.2d 636 (1975)

Billy SANDERS v. STATE of Mississippi.

Supreme Court of Mississippi.

January 27, 1975.

Attorney(s) appearing for the Case

Jack Carlisle, Ackerman, Eaves & Eaves, Louisville, for appellant.

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

Before RODGERS, SMITH and SUGG, JJ.

SUGG, Justice.

Sanders was indicted under Mississippi Code Annotated section 97-29-45 (1972) for using obscene language in a telephone conversation. He was convicted in the Circuit Court of Choctaw County and sentenced to two years in the penitentiary.

The indictment is, in part, as follows:

[D]id wilfully, unlawfully, and feloniously use profane, vulgar, indecent, threatening, obscene, and insulting language over the telephone, said profane, vulgar...

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