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KOCH v. STATE

No. 56505.

506 So.2d 269 (1987)

James D. KOCH v. STATE of Mississippi.

Supreme Court of Mississippi.

April 15, 1987.

Attorney(s) appearing for the Case

Jimmy D. McGuire, Kelly C. Walker, Gulfport, for appellant.

Edwin Lloyd Pittman, Atty. Gen. by Billy L. Gore, Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, P.J., and DAN M. LEE and ANDERSON, JJ.

ROY NOBLE LEE, Presiding Justice, for the Court:

James D. Koch was convicted in the Circuit Court of Hancock County on a charge of murder less than capital and was sentenced to life in the custody of the Mississippi Department of Corrections. He has appealed to this Court and assigns five (5) errors in the trial below.

I.

THE LOWER COURT ERRED IN REFUSING TO GRANT APPELLANT'S REQUEST FOR A PEREMPTORY INSTRUCTION OF NOT GUILTY.

At the time...

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