GALLOWAY v. STATE

No. 89-KA-1069.

604 So.2d 735 (1992)

Larry Clay GALLOWAY v. STATE of Mississippi.

Supreme Court of Mississippi.

July 1, 1992.


Attorney(s) appearing for the Case

J. Winston Brown, Rex F. Sanderson, Houston, for appellant.

Michael C. Moore, Atty. Gen., Deirdre McCrory, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, C.J., and ROBERTSON and SULLIVAN, JJ.


ROBERTSON, Justice, for the Court:

I.

Today's appeal arises from a fatal shooting in rural Chickasaw County, the issue at trial whether it was murder or an accident. Our present concern is procedural and centers on a surprise witness who dynamited the defense's accident theory. The problem is the prosecution had not as it ought disclosed the witness in pre-trial discovery.

We reverse and remand.

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