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ALLEN v. STATE

No. 54452.

440 So.2d 544 (1983)

Jesse ALLEN, Jr., a/k/a Jesse James Allen, Jr., Appellant, v. STATE of Mississippi, Appellee.

Supreme Court of Mississippi.

Rehearing Denied November 16, 1983.

Attorney(s) appearing for the Case

Jesse Allen, Jr., pro se.

Bill Allain, Atty. Gen. by Marvin L. White, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, C.J., and BOWLING and ROBERTSON, JJ.

ROBERTSON, Justice, for the Court:

I.

On May 23, 1973, Jesse James Allen, Jr., and several companions robbed the Citizens Bank of Hattiesburg. He was subsequently indicted for armed robbery which at that time carried a maximum punishment of death except that

in cases where the jury fails to fix the penalty at death, the court shall fix the penalty at imprisonment in the penitentiary for any term not less than three years. Miss. Code Ann....

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