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RUSTIN v. STATE

No. 49272.

338 So.2d 1006 (1976)

Carlton RUSTIN v. STATE of Mississippi.

Supreme Court of Mississippi.

November 2, 1976.

Attorney(s) appearing for the Case

Ben Thomas Cole, II, Holly Springs, Lewis Myers, Jr., Oxford, for appellant.

A.F. Summer, Atty. Gen., by Wayne Snuggs, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before INZER, P.J., and SMITH and BROOM, JJ.

INZER, Presiding Justice, for the Court:

Appellant Carlton Rustin was indicted, tried and convicted in the Circuit Court of DeSoto County for the crime of armed robbery. He was sentenced to serve a term of twenty-five years in the State Penitentiary. From this conviction and sentence he appeals. We reverse and remand.

After appellant was indicted, his trial was set for Tuesday, June 17, 1975. On this day counsel for Rustin asked for a pre-trial conference...

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