NICOLAOU v. STATE

No. 58000.

534 So.2d 168 (1988)

Allen NICOLAOU v. STATE of Mississippi.

Supreme Court of Mississippi.

October 26, 1988.


Attorney(s) appearing for the Case

James G. Tucker, III, Bay St. Louis, for appellant.

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

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


HAWKINS, Presiding Justice, for the Court:

Allen Nicolaou appeals from his conviction in the circuit court of Hancock County of capital murder and as a habitual offender, and sentence to life imprisonment without parole. We find most of his assignments of error of no merit. Because the circuit judge gave the jury, after it retired to reach a verdict, a definition of "malice aforethought" which we find confusing, we reverse and remand.

FACTS

Don L...

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