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HARPER v. STATE

No. 50134.

355 So.2d 314 (1978)

Charles HARPER v. STATE of Mississippi.

Supreme Court of Mississippi.

February 22, 1978.

Attorney(s) appearing for the Case

Don H. Evans, Jackson, for appellant.

A.F. Summer, Atty. Gen., by Henry T. Wingate, Special Asst. Atty. Gen., Jackson, for appellee.

Before INZER, SUGG and WALKER, JJ.

INZER, Presiding Justice, for the Court:

Appellant Charles Harper was indicted, tried and convicted in the Circuit Court of Winston County for the crime of burglary. He was sentenced to serve a term of five years in the custody of the Department of Corrections. From this conviction and sentence he appeals. We reverse and remand.

The record reflects that sometime between the hours of 12:30 and 2 a.m. on December 20, 1975, Jayroe's Sport Shop in Louisville was...

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