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COLEMAN v. STATE

No. 51372.

378 So.2d 640 (1979)

Stanley Kelvin COLEMAN v. STATE of Mississippi.

Supreme Court of Mississippi.

December 19, 1979.

Attorney(s) appearing for the Case

Gray, Montague, Jackson, Pittman & Hammond, S. Robert Hammond, Jr., Hattiesburg, for appellant.

A.F. Summer, Atty. Gen. by Marvin L. White, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

EN BANC.

ROBERTSON, Presiding Justice, for the Court:

Stanley Kelvin Coleman and James Sims, Jr. were jointly indicted by the grand jury of the Circuit Court of Forrest County for capital murder in the killing of Harry Burkett on October 6, 1977, while engaged in the commission of the crime of burglary or attempted burglary. After a separate trial, Coleman was found guilty of capital murder and after a separate hearing on the sentencing phase the jury unanimously found:

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