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HERRING v. STATE

No. 57455.

522 So.2d 745 (1988)

Earnest HERRING v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied April 20, 1988.

Attorney(s) appearing for the Case

Davey L. Tucker, Jackson, for appellant.

Edwin Lloyd Pittman and Mike Moore, Attys. Gen. by Pat Flynn, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before DAN M. LEE, P.J., and SULLIVAN and ANDERSON, JJ.

SULLIVAN, Justice, for the Court:

Earnest Herring was convicted of the forcible rape of N.K. and sentenced to thirty (30) years in the custody of the Department of Corrections. Herring appeals and assigns the following errors:

I. The trial court abused its discretion when it refused to grant Appellant a mistrial because the prosecutor's improper closing arguments violated Mississippi law and Appellant's rights to fundamental fairness and freedom from an arbitrary...

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