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AKINS v. STATE

No. 56392.

493 So.2d 1321 (1986)

Ernest Lee AKINS, Sr. v. STATE of Mississippi.

Supreme Court of Mississippi.

September 10, 1986.

Attorney(s) appearing for the Case

Jack R. Jones, III, Taylor, Jones, Alexander, Greenlee, Seale and Ryan, Taylor & Whitwell, Southaven, for appellant.

Edwin Lloyd Pittman, Atty. Gen. by Charles W. Maris, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before HAWKINS, P.J., and PRATHER and SULLIVAN, JJ.

PRATHER, Justice, for the Court:

Ernest Lee Akins, Jr. was convicted of aggravated assault on a police officer and was sentenced as an habitual offender to life in prison without probation or parole. We affirm appellant's conviction but remand for new sentencing.

I.

During the morning of October 31, 1982, Highway Patrolman Russell Kyle stopped a late model Cadillac for speeding. The driver, Ernest Lee Akins, Jr., accompanied by two women and a Doberman...

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