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BURKE v. STATE

No. 89-KA-0914.

576 So.2d 1239 (1991)

J.W. BURKE a/k/a J.W. Henning v. STATE of Mississippi.

Supreme Court of Mississippi.

February 20, 1991.

Attorney(s) appearing for the Case

Mager A. Varnado, Jr., Gulfport, for appellant.

Mike C. Moore, Atty. Gen. and Charles W. Maris, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before HAWKINS, P.J., and ROBERTSON and BANKS, JJ.

BANKS, Justice, for the Court:

The Harrison County Grand Jury indicted J.W. Burke, a/k/a J.W. Henning for the burglary of a dwelling on March 11, 1985. He was found guilty by a jury, and the court sentenced him to ten years in the custody of the Mississippi Department of Corrections. We reverse and remand for a new trial.

FACTS

McKeithen Jones resided in apartment 103 of the Fountain Square apartment complex in Gulfport, where a burglary occurred...

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