PERRY v. STATE

No. 90-KA-1216.

637 So.2d 871 (1994)

Ira Joe PERRY v. STATE of Mississippi.

Supreme Court of Mississippi.

June 2, 1994.


Attorney(s) appearing for the Case

David L. Walker, Batesville, for appellant.

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

Before En Banc.


ON PETITION FOR REHEARING

BANKS, Justice, for the Court:

The prior decision in this case is withdrawn and these opinions substituted therefor. On petition for rehearing we have concluded that, once again, the trial court has foundered on the rock of failing to give a lesser included offense instruction. Accordingly, we reverse this possession with intent conviction, and remand for further proceedings.

I.

On November 16, 1988, Officers...

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