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TOLIVER v. STATE

No. 49295.

337 So.2d 1274 (1976)

Wendell TOLIVER v. STATE of Mississippi.

Supreme Court of Mississippi.

October 12, 1976.

Attorney(s) appearing for the Case

Edward Blackmon, Jr., Canton, for appellant.

A.F. Summer, Atty. Gen. by Billy L. Gore, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before GILLESPIE, C.J., ROBERTSON and LEE, JJ., and J.O. SAMS, Sr., Commissioner.

J.O. SAMS, Sr., Commissioner, for the Court:1

This is an appeal of Wendell Toliver, Appellant, from his conviction of the crime of assault upon an officer, at the October, 1975, Term of the Circuit Court of Holmes County, Mississippi.

The appellant assigns two errors, the first of which is as follows:

"1. The trial Court erred by overruling your Appellant's Demurrer to the indictment

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