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BURNS v. STATE

No. 50088.

344 So.2d 1189 (1977)

Harold BURNS v. STATE of Mississippi.

Supreme Court of Mississippi.

April 20, 1977.

Attorney(s) appearing for the Case

Michael J. Malouf, Jackson, for appellant.

A.F. Summer, Atty. Gen., by Karen Gilfoy, Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, ROBERTSON and BROOM, JJ.

BROOM, Justice, for the Court:

By habeas corpus petition Burns (appellant) challenged the legality of his sentence and confinement which followed his plea of guilty to the sale of marijuana. Burns was charged under Miss. Code Ann. § 41-29-139(c)(2) (Supp. 1976). He appeals from the denial of his petition by the Copiah County Circuit Judge who then committed Burns to the Mississippi Department of Corrections rather than to the penitentiary. Burns' sentence is...

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