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COOPER v. STATE

No. 52041.

386 So.2d 1115 (1980)

Sam COOPER, Jr. v. STATE of Mississippi.

Supreme Court of Mississippi.

August 13, 1980.

Attorney(s) appearing for the Case

John C. Webb, Sidney J. Martin, Greenville, for appellant.

Bill Allain, Atty. Gen. by Marvin L. White, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

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

SUGG, Justice, for the Court.

Sam Cooper, Jr. was indicted in the Circuit Court of Washington County for armed robbery under section 97-3-79 Mississippi Code Annotated (Supp. 1975),1 found guilty by a jury, and sentenced to serve a term of forty (40) years.

Defendant's sole assignment of error is that the following instruction should not have been granted.

The crime of robbery with a deadly weapon is defined as follows...

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