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HESTER v. STATE

No. 89-KA-1097.

602 So.2d 869 (1992)

Daniel W. HESTER v. STATE of Mississippi.

Supreme Court of Mississippi.

July 8, 1992.

Attorney(s) appearing for the Case

Thomas M. Fortner, Jackson, 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.

SULLIVAN, Justice, for the Court:

Daniel W. Hester was tried and convicted by the Circuit Court of Jackson County, Mississippi, for the capital murder of Frederick Jones. He was sentenced to life imprisonment in the Mississippi Department of Corrections. Because the trial court refused to submit the defense theory to the jury, we reverse and remand for a new trial.

On the evening of September 10, 1988, Edward Sodl and Frederick Jones, two sailors attached...

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