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WALLACE v. STATE

No. 54646.

466 So.2d 900 (1985)

Herbert WALLACE v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied April 10, 1985.

Attorney(s) appearing for the Case

Forrest Johnson, Sr., Forrest Johnson, Jr., Johnson & Johnson, Natchez, for appellant.

Bill Allain, Atty. Gen. by Henry C. Clay, III, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, P.J., and SULLIVAN and ANDERSON, JJ.

ROY NOBLE LEE, Presiding Justice, for the Court:

Herbert Wallace was jointly indicted with Anthony Jackson, Ronald Fitzgerald and Ronnie Ross in the Circuit Court of Adams County for armed robbery. After three (3) mistrials, one of which resulted from prosecutorial misconduct and the other two on account of the jury's being unable to reach a verdict, Wallace was found guilty, but the jury could not agree upon punishment. Thereupon, the trial judge sentenced him to...

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