MOFFETT v. STATE

No. 58287.

540 So.2d 1313 (1989)

Carl MOFFETT v. STATE of Mississippi.

Supreme Court of Mississippi.

February 27, 1989.


Attorney(s) appearing for the Case

Travis Buckley, Ellisville, for appellant.

Mike Moore, Atty. Gen. by DeWitt Allred, Sp. Asst. Atty. Gen., Jackson, for appellee.

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


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

This appeal presents the question of whether the trial judge abused his discretion in excluding a witness' testimony concerning a state's exhibit, where defense counsel had allowed the witness to enter the courtroom and view the exhibit during a recess in the trial. Because we find that the trial judge did abuse his discretion in excluding testimony of the witness, we reverse and remand for a new trial.

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