STEWART v. STATE

No. 51454.

377 So.2d 1067 (1979)

Joe Nathan STEWART v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied January 9, 1980.


Attorney(s) appearing for the Case

A.R. Wright, Jr., Morris C. Phillips, Jr., Carthage, for appellant.

A.F. Summer, Atty. Gen. by Susan L. Runnels, Sp. Asst. Atty. Gen., Jackson, for appellee.

En banc.


SUGG, Justice, for the Court:

Defendant was convicted of burglary and sentenced to serve five years in the Mississippi Department of Corrections by the Circuit Court of Leake County. This was the second trial for defendant on the charge, the first having ended in a mistrial during the April, 1978 term of court because the jury could not agree on a verdict.

On February 21, 1978, Herman Pilgrim and his wife, Sylvia Ann Pilgrim, observed someone in their automobile...

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