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UPSHAW v. STATE

No. 49760.

350 So.2d 1358 (1977)

Terrance W. UPSHAW v. STATE of Mississippi.

Supreme Court of Mississippi.

October 26, 1977.

Attorney(s) appearing for the Case

Michael B. Martz, J.A. Jennings, Jackson, for appellant.

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

Before PATTERSON, SUGG and WALKER, JJ.

SUGG, Justice, for the Court:

Defendant was convicted in the Circuit Court of the First Judicial District of Hinds County for raping a female child under the age of twelve years and was sentenced to death.

The defendant and his wife resided in Moss Point and in March, 1975 the defendant's wife requested that she and the defendant be permitted to live with Mr. and Mrs. M.L. Ruffin in Jackson for a short time until they could find employment. Mrs. Ruffin consented...

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