LACY v. STATE

No. 91-KA-286.

629 So.2d 591 (1993)

Johnny Earl LACY v. STATE of Mississippi.

Supreme Court of Mississippi.

December 16, 1993.


Attorney(s) appearing for the Case

Pat Donald, Donald Law Office, Morton, for appellant.

Michael C. Moore, Atty. Gen., Mary Margaret Bowers, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PRATHER, P.J., and BANKS and McRAE, JJ.


BANKS, Justice, for the Court:

In this appeal we are confronted with the question whether an habitual offender indictment is irremediably flawed where it misnames the felony of conviction but gives the place and date of judgment and the cause number. We hold that the nature of the felony of conviction is not an essential element to the finding of habitual offender status under Miss.Code 1972 Ann. § 99-19-81 (Supp. 1993...

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