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MACKBEE v. STATE

No. 03-DP-0089.

575 So.2d 16 (1990)

Frank MACKBEE a/k/a Frankie Lee Mackbee v. STATE of Mississippi.

Supreme Court of Mississippi.

December 27, 1990.

Attorney(s) appearing for the Case

Robert O. Allen, Allen Allen & Boutwell, Brookhaven, Dennis L. Horn, Horn & Payne, Jackson, for appellant.

Mike Moore, Atty. Gen., Marvin L. White, Jr., Asst. Atty. Gen., Charlene R. Pierce, Sp. Asst. Atty. Gen., Jackson, Dunn O. Lampton, Dist. Atty., Magnolia, for appellee.

EN BANC:

ANDERSON, Justice, for the Court:

On September 5, 1986, Frank Mackbee was indicted by the Lincoln County grand jury for the capital murder of Cicero Montgomery, with an underlying felony of robbery, under Miss. Code Ann. §§ 97-3-19(2)(e) (Supp. 1990). Mackbee was also indicted as an habitual offender under Miss. Code Ann. § 99-19-83 (Supp. 1990). Thereafter, upon change of venue, the cause was tried in the Covington County Circuit Court. The jury returned...

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