DAN M. LEE, Justice, for the Court:
This is an appeal from the Circuit Court of Leake County wherein Edward Earl Johnson, defendant/appellant, was indicted, tried and convicted for the June 2, 1979, capital murder of J.T. Trest, a police officer while acting within his official capacity. At the conclusion of the sentencing phase of Johnson's trial, the jury, finding the mitigating circumstances of the crime insufficient
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