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KINCAID v. STATE

No. 94-CA-00157-SCT.

711 So.2d 873 (1998)

I.C. KINCAID v. STATE of Mississippi.

Supreme Court of Mississippi.

April 30, 1998.

Attorney(s) appearing for the Case

I.C. Kincaid, Parchman, Appellant, pro se.

Michael C. Moore, Attorney General, DeWitt T. Allred, III, Special Asst. Atty. Gen., Jackson, for Appellee.

En Banc.

SMITH, Justice, for the Court:

¶ 1. Motion for rehearing denied. The original opinion is withdrawn and this opinion is substituted therefor.

¶ 2. I.C. Kincaid was indicted for capital murder and on November 3, 1986, pled guilty to murder and armed robbery in the Circuit Court of Madison County. Kincaid and the State of Mississippi entered into a contract wherein the State agreed not to prosecute Kincaid for capital murder or seek the death penalty...

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