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TYLER v. STATE

No. 55744.

478 So.2d 315 (1985)

Lewis TYLER a/k/a "Fish Slim" v. STATE of Mississippi.

Supreme Court of Mississippi.

November 6, 1985.

Attorney(s) appearing for the Case

William A. Pate, Gulfport, for appellant.

Edwin Lloyd Pittman, Atty. Gen. by John H. Emfinger, Sp. Asst. Atty. Gen., Jackson, for appellee.

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

HAWKINS, Justice, for the Court:

Lewis "Fish Slim" Tyler appeals from his conviction in the Circuit Court of the Second Judicial District of Harrison County of the crime of sale of a controlled substance, and sentence of one year. Tyler at the time of trial was 74 years of age with no prior criminal record.

Finding the evidence offered on behalf of the state is in irreconcilable conflict, we reverse and render.

FACTS

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