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DANIELS v. STATE

No. 49271.

341 So.2d 918 (1977)

Earl DANIELS v. STATE of Mississippi.

Supreme Court of Mississippi.

January 26, 1977.

Attorney(s) appearing for the Case

Sullivan, Smith, Hunt & Vickery, Charles L. Sullivan, Luckett, Luckett, Luckett & Thompson, Walter W. Thompson, Clarksdale, Andrew Baker, Charleston, for appellant.

A.F. Summer, Atty. Gen., by Ben H. Walley and Karen Gilfoy, Asst. Attys. Gen., Jackson, for appellee.

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

ROBERTSON, Justice, for the Court:

The Petition for Rehearing filed on behalf of appellant, Earl Daniels, is granted, and the opinion affirming the judgment against defendant Daniels, along with the two dissenting opinions, are withdrawn and the following opinion is substituted therefor:

Earl Daniels was indicted by the grand jury of the Circuit Court of Quitman County for the murder of Claude Jones on September 6, 1974. After a full trial, the jury returned...

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