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McCARTY v. STATE

No. 07-KA-58683.

554 So.2d 909 (1989)

Jimmy Earl McCARTY v. STATE of Mississippi.

Supreme Court of Mississippi.

December 6, 1989.

Attorney(s) appearing for the Case

Mark S. Howard, Waynesboro, for appellant.

Edwin Lloyd Pittman, Atty. Gen., elected Supreme Court Justice Jan. 3, 1989, Mike C. Moore, Atty. Gen., Harrison S. Ford, III, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, C.J., and PRATHER and ANDERSON, JJ.

ANDERSON, Justice, for the Court:

This is an appeal of the judgment and sentence of the Circuit Court of Wayne County, wherein Jimmy Earl McCarty was convicted of burglary and sentenced as an habitual offender under the provisions of Mississippi Code Annotated, Section 99-19-81 (Supp. 1988), to serve a term of ten (10) years, without the possibility of parole or probation. In reversing, we address two of the five errors asserted by McCarty on appeal.

STATEMENT...

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