STEWART v. STATE

No. 55508.

466 So.2d 906 (1985)

Marshaun D. STEWART v. STATE of Mississippi.

Supreme Court of Mississippi.

March 27, 1985.


Attorney(s) appearing for the Case

Cheryl Ann Webster, Clarkdale, for appellant.

Edwin Lloyd Pittman, Atty. Gen. by Catherine Walker Underwood, Asst. Atty. Gen., Jackson, for appellee.

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


PRATHER, Justice, for the Court:

This is an appeal from a criminal conviction in the Circuit Court of Coahoma County, Elzy J. Smith presiding, in which Marshaun D. Stewart was found guilty of rape and sentenced to serve 25 years at the Mississippi Department of Corrections. Stewart appeals assigning as error:

(1) The trial court erred in refusing a peremptory instruction in favor of the appellant because the evidence presented was insufficient to support a...

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