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IRVING v. STATE

No. 54358.

441 So.2d 846 (1983)

John Buford IRVING, III v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied December 14, 1983.

Attorney(s) appearing for the Case

Ford & Ford and James O. Ford, Tupelo, for appellant.

Bill Allain, Atty. Gen., by Amy D. Whitten, Sp. Asst. Atty. Gen., Jackson, for appellee.

EN BANC.

PATTERSON, Chief Justice, for the Court:

John Buford Irving, III, was originally tried, convicted and sentenced to death in 1976 for the capital murder of store owner Gambrell Ray of Pontotoc County. Both conviction and sentence were affirmed by this Court in Irving v. State, 361 So.2d 1360 (Miss. 1978), where the facts necessary to this opinion are stated. Subsequently the United States District Court for the Northern District...

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