GAINES v. STATE

No. 52607.

404 So.2d 557 (1981)

J.D. GAINES v. STATE of Mississippi.

Supreme Court of Mississippi.

October 14, 1981.


Attorney(s) appearing for the Case

Vance & Perrier, Travis T. Vance, Jr., Eugene A. Perrier, W.M. Conerly, Vicksburg, for appellant.

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

Before PATTERSON, C.J., and SUGG and LEE, JJ.


SUGG, Justice, for the Court:

Appellant, J.D. Gaines, was indicted, tried, and convicted in the Circuit Court of Warren County for the crime of capital murder. He was sentenced to serve a term of life imprisonment as a habitual criminal under section 99-19-81 Mississippi Code Annotated (Supp. 1977). From this conviction and sentence, he appeals. We affirm.

On October 21, 1978, shortly after 7:00 o'clock a.m., James McIntyre went into the Pack 'N Pay convenience...

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