DURHAM v. STATE

No. 51516.

377 So.2d 909 (1979)

Thomas W. DURHAM v. STATE of Mississippi.

Supreme Court of Mississippi.

November 28, 1979.


Attorney(s) appearing for the Case

Moore & Selph, Deborah Selph, Jackson, for appellant.

A.F. Summer, Atty. Gen. by Catherine Walker Underwood, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, SUGG and COFER, JJ.


SUGG, Justice, for the Court:

Defendant was indicted for burglary during the April, 1977 term of Circuit Court of Leake County, arraigned April 28, tried and convicted on November 22, 1978, and sentenced to imprisonment for six years.

Defendant assigns as error the action of the trial court in overruling his motion for dismissal. The motion to dismiss was based on section 99-17-1 Mississippi Code Annotated (Supp. 1978) which requires trial of a defendant no...

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