McGILVERY v. STATE

No. 55777.

497 So.2d 67 (1986)

Sherman McGILVERY v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied November 12, 1986.


Attorney(s) appearing for the Case

Thomas E. Schwartz, Dan R. Wise, Wise & Schwartz, Hattiesburg, for appellant.

Edwin Lloyd Pittman, Atty. Gen. by DeWitt Allred, Sp. Asst. Atty. Gen., Jackson, for appellee.

EN BANC.


HAWKINS, Justice, for the Court:

Sherman McGilvery appeals his conviction in the circuit court of Forrest County for the crime of armed robbery and sentence to serve 45 years. We affirm his conviction, but remand the case to the circuit court for another review of an appropriate sentence.

We will discuss the assignments of error in the course of the opinion.

FACTS

The grand jury of Forrest County indicted McGilvery and Fitzgerald Tanner for...

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