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FERRILL v. STATE

No. 91-KA-00767.

643 So.2d 501 (1994)

John Mark FERRILL and Roxanne Elizabeth Ferrill v. STATE of Mississippi.

Supreme Court of Mississippi.

September 22, 1994.

Attorney(s) appearing for the Case

Jimmy D. McGuire, Gulfport, for appellants.

Michael C. Moore, Atty. Gen., Wayne Snuggs, Asst. Atty. Gen., Jackson, Ellen Y. Dale, Ridgeland, for appellee.

Before DAN M. LEE, P.J., and PITTMAN and JAMES L. ROBERTS, Jr., JJ.

DAN M. LEE, Presiding Justice, for the Court:

The appellants, John Mark Ferrill and Roxanne Elizabeth Ferrill, were convicted on July 19, 1991, in the Hancock County Circuit Court for violating Miss. Code Ann. § 41-29-139 (1972). We reverse, finding that the lower court failed to properly instruct the jury regarding the inconsistent testimony of an accomplice.

I.

John Mark Ferrill ("Mark") and Roxanne Elizabeth Ferrill ("Roxanne") were arrested...

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