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COURSE v. STATE

No. 55428.

469 So.2d 80 (1985)

Clarence COURSE v. STATE of Mississippi.

Supreme Court of Mississippi.

As Corrected on Denial of Rehearing May 22, 1985.

Attorney(s) appearing for the Case

William B. Kirksey, Kirksey, Brantley & DeLaughter, Jackson, for appellant.

Edwin Lloyd Pittman, Atty. Gen. by Billy L. Gore, Asst. Atty. Gen., Jackson, for appellee.

Before WALKER, P.J., and DAN M. LEE and ROBERTSON, JJ.

DAN M. LEE, Justice, for the Court:

A jury in the Circuit Court of Hinds County found Clarence Course guilty of the burglary of a dwelling, a violation of Miss. Code Ann. § 97-17-31 (1972). Course was sentenced to serve a term of ten years in the custody of the Mississippi Department of Corrections. From his conviction and sentence he brings this appeal and assigns as error:

1. There was a fatal variance between the indictment and the proof, as there...

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