MORGAN v. STATE

No. 50967.

370 So.2d 231 (1979)

William H. MORGAN v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied May 16, 1979.


Attorney(s) appearing for the Case

Terry L. Jordan, Thomas L. Booker, Jr., Philadelphia, for appellant.

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

EN BANC.


WALKER, Justice, for the Court:

This is an appeal from the Circuit Court of Neshoba County, Mississippi, wherein William H. Morgan was convicted of aggravated assault on a fireman. From that conviction and sentence of fifteen years in the custody of the Department of Corrections, he prosecutes this appeal. We reverse.

We would first point out that the evidence in this case as to criminal intent was extremely close and has given this Court much concern. Moreover...

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