HAILEY v. STATE

No. 57356.

537 So.2d 411 (1988)

Michael Anthony HAILEY v. STATE of Mississippi.

Supreme Court of Mississippi.

December 7, 1988.


Attorney(s) appearing for the Case

Paul R. Scott, Wilroy & Scott, Hernando, for appellant.

Edwin Lloyd Pittman and Mike Moore, Attys. Gen. by John H. Emfinger, Sp. Asst. Atty. Gen., Jackson, for appellee.

En Banc.


DAN M. LEE, Presiding Justice, for the Court:

This case presents a conviction of child fondling following trial in the Circuit Court of DeSoto County on an indictment charging Michael Anthony Hailey with forcible rape. The fondling charge was submitted to the jury at the close of the evidence as a lesser included offense instruction on the principal charge of forcible rape. The jury failed to find forcible rape of the 13-year-old prosecutrix, but did find Hailey guilty...

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