EVANS v. STATE

No. 51851.

382 So.2d 1084 (1980)

Johnny Lee EVANS v. STATE of Mississippi.

Supreme Court of Mississippi.

April 23, 1980.


Attorney(s) appearing for the Case

Charles C. Pearce, Union, for appellant.

Bill Allain, Atty. Gen. by Frankie Walton White, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before SMITH, P.J., and BROOM and COFER, JJ.


BROOM, Justice, for the Court:

Obscene language used in a telephone call was the gist of the offense for which Johnny Lee Evans (defendant) was convicted in the Circuit Court of Newton County. From his conviction and sentence of two years imprisonment, he appeals contending that (1) the evidence was insufficient, and (2) erroneous evidentiary rulings were made below. We reverse.

According to the evidence, on March 6, 1979, a Mrs. Williams received an obscene...

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