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ESTES v. STATE

No. 56749.

502 So.2d 1184 (1987)

Houston ESTES v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied March 11, 1987.

Attorney(s) appearing for the Case

Joe Morgan Wilson, Senatobia, Thomas J. Lowe, Jr., Jackson, for appellant.

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

Before ROY NOBLE LEE, SULLIVAN and ANDERSON, JJ.

ROY NOBLE LEE, Presiding Justice, for the Court:

Houston Estes appeals from a judgment of the Circuit Court, Tate County, Mississippi convicting him of attempted burglary of a business dwelling. He was sentenced to seven (7) years in the custody of the Mississippi Department of Corrections as an habitual offender. The appellant assigns one (1) error on this appeal, viz,

THE SECOND TRIAL OF APPELLANT WAS BARRED BY THE DOUBLE JEOPARDY CLAUSE OF THE UNITED STATES...

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