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ROBERTS v. STATE

No. 51552.

379 So.2d 514 (1979)

Barry Joe ROBERTS v. STATE of Mississippi.

Supreme Court of Mississippi.

December 5, 1979.

Attorney(s) appearing for the Case

J.W. Kellum, Sumner, for appellant.

A.F. Summer, Atty. Gen. by Calvin Coolidge Williams, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROBERTSON, P.J., and LEE and BOWLING, JJ.

LEE, Justice, for the Court:

Barry Joe Roberts was convicted in the Circuit Court of Tallahatchie County of manslaughter by culpable negligence and was sentenced to twenty (20) years in the Mississippi State Penitentiary. He appeals and assigns two (2) errors in the trial below.

I.

Did the trial court err in overruling appellant's motion for a peremptory instruction of not guilty?

In passing on this question, the Court considers all evidence...

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