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CABELLO v. STATE

No. 55581.

471 So.2d 332 (1985)

Frank J. CABELLO, Sr. v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied July 10, 1985.

Attorney(s) appearing for the Case

William W. Odom, Jr., Jon Hurd Hill, Odom & Hill, Corinth, for appellant.

Edwin Lloyd Pittman, Atty. Gen. by William S. Boyd, III and Marvin L. White, Jr., Sp. Asst. Attys. Gen., Jackson, for appellee.

En Banc.

PATTERSON, Chief Justice, for the Court:

Frank J. Cabello, Sr. appeals his conviction of capital murder and sentence of death by a jury in the Circuit Court of Alcorn County.

On December 23, 1982, Hoyt Horn found Vernon Gurley, a 72 year old used car dealer, dead in Gurley's trailer office in Corinth, Mississippi. Gurley was "hogtied," bound by rope and according to Horn taped "solid all over his nose and all around

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