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BUCHANAN v. STATE

No. 54063.

427 So.2d 697 (1983)

Billy Joe BUCHANAN v. STATE of Mississippi.

Supreme Court of Mississippi.

March 2, 1983.

Attorney(s) appearing for the Case

Pippen & Ward, Rufus A. Ward, Jr., West Point, for appellant.

Bill Allain, Atty. Gen. by Bill Patterson, Sp. Asst. Atty. Gen., Jackson, for appellee.

En Banc:

BROOM, Presiding Justice, for the Court:

Aggravated assault "by driving into ... Joe Parker with an automobile ..." is the offense with which the defendant/appellant, Billy Joe Buchanan, was indicted, tried and convicted in the Circuit Court of Clay County. Mississippi Code Annotated § 97-3-7(2)(a) (Supp. 1980).1 Defendant Buchanan was sentenced to a term of ten years imprisonment. Arguing that (1) state instruction No. 2 was an erroneous...

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