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BOYD v. STATE

No. 07-58545.

557 So.2d 1178 (1989)

Tony Trevelle BOYD v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied April 4, 1990.

Attorney(s) appearing for the Case

Gerald Chatham, Hernando, Jack R. Jones, III, Taylor Jones Alexander Firm, Southaven, for appellant.

Edwin Lloyd Pittman, Atty. Gen., elected Supreme Court Justice January 3, 1989, Mike C. Moore, Atty. Gen., Billy L. Gore, Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, ANDERSON and BLASS, JJ.

ANDERSON, Justice, for the Court:

Tony Trevelle Boyd was indicted by the Tate County Grand Jury in October of 1986 for rape on or about August 27, 1986. He was found guilty as charged, and on June 19, 1987, because the jury was unable to fix the penalty at life imprisonment, the trial judge sentenced Boyd to serve fifteen years in the Mississippi Department of Corrections with five years suspended. From this conviction and sentence Boyd appeals and asserts five assignments...

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