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JOHNSON v. STATE

No. DP-16.

508 So.2d 1126 (1987)

Edward Earl JOHNSON v. STATE of Mississippi.

Supreme Court of Mississippi.

June 3, 1987.

Attorney(s) appearing for the Case

Barry H. Powell, Thomas, Price, Alston, Jones & Davis, R. Jess Brown, Kenneth J. Rose, Sweet & Rose, Jackson, Robert B. McDuff, Washington, D.C., Clive A. Stafford Smith, Atlanta, Ga., for appellant.

Edwin Lloyd Pittman, Atty. Gen. by Marvin L. White, Jr., Asst. Atty. Gen., Jackson, for appellee.

Before En Banc.

DAN M. LEE, Justice, for the Court:

Edward Earl Johnson was indicted, tried, and convicted of capital murder in the shooting death of J.T. Trest. Trest, the Town Marshall of Walnut Grove, was killed on June 2, 1979.

Sometime in the early morning hours of June 2, an intruder entered the home of Miss Sally Franklin, an elderly resident of Walnut Grove. A struggle ensued between the stranger and Miss Franklin, which was loud enough to wake a boarder

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