WINDHAM v. STATE

No. 57229.

520 So.2d 123 (1987)

Otis Lee WINDHAM v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied March 9, 1988.


Attorney(s) appearing for the Case

Franklin M. Coleman, Meridian, for appellant.

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

Before HAWKINS, P.J., and ANDERSON and GRIFFIN, JJ.


HAWKINS, Presiding Justice, for the Court:

Otis Lee Windham appeals from his conviction in the circuit court of Kemper County of the murder of Albert Thurston Calvert and sentence to life imprisonment. Because the State was granted an instruction that the "deliberate design" essential to murder could be formed "at the very moment" of the fatal beating, and was in irreconcilable conflict with the manslaughter instructions, we reverse and remand.

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