KELLY v. STATE

No. 54542.

463 So.2d 1070 (1985)

Herman KELLY v. STATE of Mississippi.

Supreme Court of Mississippi.

January 30, 1985.


Attorney(s) appearing for the Case

Bill Waller, Sr., Waller & Waller, Jackson, for appellant.

Bill Allain, Atty. Gen. by Robert D. Findley, Sp. Asst. Atty. Gen., Edwin Lloyd Pittman, Atty. Gen. by Jack B. Lacy, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, P.J., and DAN M. LEE and PRATHER, JJ.


PRATHER, Justice, for the Court.

This is an appeal from a criminal conviction in the Circuit Court of Hinds County, the Honorable William F. Coleman presiding. Herman Kelly was indicted for murder of Walter Ray Summers, but found guilty of manslaughter and sentenced to 15 years at the Mississippi Department of Corrections. Kelly appeals, assigning as error:

(1) That the trial court erred in failing to require the State to elect between the charges of murder...

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