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MOSS v. STATE

No. 97-KA-00331 COA.

727 So.2d 720 (1998)

Charlie MOSS a/k/a Charlie Mac Moss a/k/a Charles M. Moss, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied September 29, 1998.

Attorney(s) appearing for the Case

Anthony J. Buckley, David Lee Sullivan, Laurel, Attorneys for Appellant.

Michael C. Moore, Attorney General by Pat S. Flynn, Special Asst. Atty. Gen., Jackson, Attorneys for Appellee.

Before THOMAS, P.J., and DIAZ and HERRING, JJ.

THOMAS, Presiding Judge, for the Court:

¶ 1. Charles M. Moss appeals his conviction of murder raising the following issues as error:

I. THE COURT ERRED IN ALLOWING THE STATE TO AMEND THE INDICTMENT BY MOTION AS THE CHANGE WAS ONE OF SUBSTANCE AND NOT ONE OF FORM.

II. THE AMENDED MURDER INDICTMENT IS WHOLLY VOID FOR NOT INCLUDING THE NECESSARY LANGUAGE "DID."

III. THE TRIAL COURT ERRONEOUSLY ALLOWED THE ADMISSION AND PREJUDICIAL USE BY...

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