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BRAZILE v. STATE

No. 57474.

514 So.2d 325 (1987)

Clovis BRAZILE, III and James R. Ross, a/k/a "Bud" Ross v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied November 12, 1987.

Attorney(s) appearing for the Case

Mark S. Howard, W. Vol Jones, Jr., Waynesboro, for appellant.

Edwin Lloyd Pittman, Atty. Gen. by Pat Flynn, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, P.J., and SULLIVAN and GRIFFIN, JJ.

GRIFFIN, Justice, for the Court:

Appellants were convicted in the Circuit Court of Wayne County for the November 25, 1985, burglary of the Mills Factory Outlet store in Waynesboro. Brazile was sentenced to seven years in the Mississippi Department of Corrections; Ross was sentenced to six years. We reverse and remand for a new trial.

At approximately 2:15 a.m. on November 25, Officer Milton Martin of the Waynesboro Police Department was making his regular...

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