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CAGLE v. STATE

No. 57861.

536 So.2d 3 (1988)

Timothy CAGLE v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied January 25, 1989.

Attorney(s) appearing for the Case

J.P. Coleman, Ackerman, for appellant.

Edwin Lloyd Pittman and Mike Moore, Attys. Gen. by W.O. Dillard, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before DAN M. LEE, P.J., and PRATHER and ZUCCARO, JJ.

PRATHER, Justice, for the court:

On August 27, 1986, Timothy Cagle was convicted in the Circuit Court of Choctaw County for the offense of simple assault on a fireman in violation of § 97-3-7(1)(a) of the Miss.Code (Supp. 1985) and sentenced to serve a term of three years in the custody of the Mississippi Department of Corrections, suspended, placed on probation and ordered to pay a fine of $500. The appellant appeals the conviction and assigns as error:

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