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EVANS v. STATE

No. 58444.

547 So.2d 38 (1989)

Johnny Lee EVANS a/k/a Charles Kimberly v. STATE of Mississippi.

Supreme Court of Mississippi.

June 28, 1989.

Attorney(s) appearing for the Case

J.W. Miller, Brenda Freeman Sadler, Biloxi, for appellant.

Mike Moore, Atty. Gen. by Leyser Q. Morris, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, ROBERTSON and SULLIVAN, JJ.

ROY NOBLE LEE, Chief Justice, for the Court:

Johnny Lee Evans was indicted in the Circuit Court of Harrison County, Mississippi, on charges of kidnapping and rape. The indictments were consolidated for trial by agreement of Evans and the State. Evans waived a jury trial on both the guilt and sentencing phases and insisted that the charges be heard by the circuit judge without a jury. Although the State objected to the bench trial, the court granted Evans' motion for...

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