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McDONALD v. STATE

No. 54903.

454 So.2d 488 (1984)

Terry Wayne McDONALD v. STATE of Mississippi.

Supreme Court of Mississippi.

July 25, 1984.

Attorney(s) appearing for the Case

Richard Hamilton, Fielding L. Wright, Wright & Hamilton, Pascagoula, for appellant.

Bill Allain, Atty. Gen., by Walter L. Turner, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, C.J., and HAWKINS and PRATHER, JJ.

HAWKINS, Justice, for the Court:

Terry Wayne McDonald appeals from his conviction of conspiracy to possess and distribute marijuana and sentence of five years and $5,000.00 fine. He was one of seven indicted for this crime.

Numerous errors are assigned on his appeal, but we address only one. Because we are convinced the State never made a jury issue on McDonald's being a co-conspirator, we reverse and render.

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