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RUSSELL v. STATE

No. 56133.

506 So.2d 974 (1987)

Franklin D. RUSSELL v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied May 20, 1987.

Attorney(s) appearing for the Case

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

Edwin Lloyd Pittman, Atty. Gen. by Leyser Q. Morris, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before WALKER, C.J., and DAN M. LEE and GRIFFIN, JJ.

GRIFFIN, Justice, for the Court:

Franklin D. Russell was tried and convicted in the Circuit Court of the First Judicial District of Hinds County, for the crime of gratification of lust, and was sentenced in a separate hearing to serve 10 years in the Mississippi Department of Corrections as an habitual offender and pay a fine of $1,000.

Russell appeals and assigns the following as error:

I. The trial court erred in failing to grant a mistrial as a...

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