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EARL v. STATE

No. 92-KA-00970-SCT.

672 So.2d 1240 (1996)

Charles Dale EARL v. STATE of Mississippi.

Supreme Court of Mississippi.

April 18, 1996.

Attorney(s) appearing for the Case

Charles E. Webster, Twiford Webster & Gresham, Clarksdale, for Appellant.

Charles Earl, Parchman, Pro Se.

Michael C. Moore, Attorney General, Jackson, DeWitt T. Allred, III, Sp. Asst. Attorney General, Jackson, for Appellee.

En Banc.

ON PETITION FOR REHEARING

BANKS, Justice, for the Court:

The petition for rehearing is denied. The original opinion in this case is withdrawn and this opinion is substituted therefor.

Here we answer the question of whether a witness who is not present due to a doctor's appointment has an "existing physical illness" and is thus "unavailable" under M.R.E.Rule 804(a)(4), where the offering party presents no medical witnesses or affidavits in...

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