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STATE v. MAYS

No. 48953.

329 So.2d 65 (1976)

STATE of Mississippi v. Marvin MAYS.

Supreme Court of Mississippi.

Rehearing Denied April 13, 1976.

Attorney(s) appearing for the Case

Tommy McWilliams, Asst. Dist. Atty., Drew, A.F. Summer, Atty. Gen., by John C. Underwood, Sp. Asst. Atty. Gen., Jackson, for appellant.

W.C. Trotter, III, Belzoni, for appellee.

Before GILLESPIE, C.J., and ROBERTSON and WALKER, JJ.

ROBERTSON, Justice:

Marvin Mays was indicted by the grand jury in the Circuit Court of Sunflower County for the crime of sodomy. The circuit court sustained a motion to quash the indictment, finding in its order:

"[T]hat the statutory allegations of the indictment are so vague, ambiguous, indefinite and uncertain as to deprive the Defendant of the constitutional right of due process guaranteed him by the Constitution of the United States and the Constitution...

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