MAXIE v. STATE

No. 49015.

330 So.2d 277 (1976)

Fredrick Douglas MAXIE v. STATE of Mississippi.

Supreme Court of Mississippi.

April 13, 1976.


Attorney(s) appearing for the Case

Barnett, Montgomery, McClintock & Cunningham, Jackson, for appellant.

A.F. Summer, Atty. Gen., by Catherine Walker, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, WALKER and BROOM, JJ.


BROOM, Justice, for the Court.

Validity of an indictment purporting to charge Maxie (appellant herein) with the crime of attempt to rape, and his standing to raise such issue is the crux of the case before us. Trial was in the Circuit Court of the First Judicial District of Hinds County where appellant was convicted and sentenced to serve a ten-year prison term. We reverse.

The charging part of the indictment is in the following language:

"[D]id unlawfully...

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