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BROADUS v. STATE

No. 52273.

392 So.2d 203 (1980)

Joe BROADUS v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied December 10, 1980.

Attorney(s) appearing for the Case

Jon A. Swartzfager, Laurel, for appellant.

Bill Allain, Atty. Gen. by Mark A. Chinn, Sp. Asst. Atty. Gen., Jackson, for appellee.

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

SUGG, Justice, for the Court:

Defendant was convicted in the Circuit Court of the Second Judicial District of Jones County for the sale of marihuana and sentenced to 10 years imprisonment with 2 years suspended, provided a fine of $5,000 was paid within one year from date of sentencing. Defendant assigns as error the refusal of the trial court to give the following instruction requested by him:

The Court instructs the jury that if you believe that the defendant...

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