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CUMMINGS v. STATE

No. 54264.

465 So.2d 993 (1985)

Daniel CUMMINGS, Jr. v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied April 10, 1985.

Attorney(s) appearing for the Case

Thomas M. Flanagan, Jr., Odom & McCain, Greenwood, for appellant.

Bill Allain, Atty. Gen. by Frankie Walton White, Sp. Asst. Atty. Gen., Jackson, for appellee.

EN BANC.

PATTERSON, Chief Justice, for the Court:

Daniel Cummings, Jr., was convicted of burglary and sentenced as an habitual criminal [Mississippi Code Annotated, § 99-19-83 (Supp. 1982)] to life imprisonment by the Circuit Court of Leflore County.

From his conviction and sentence he appeals, assigning as error that the trial court (1) overruled appellant's demurrer to the indictment; (2) sentenced the appellant to...

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