STATE v. SHUMPERT

No. 97-KA-00959-SCT.

723 So.2d 1162 (1998)

STATE of Mississippi v. Anthony SHUMPERT.

Supreme Court of Mississippi.

November 19, 1998.


Attorney(s) appearing for the Case

Office of the Attorney General By Clay Joyner, Attorney for Appellant.

Jim Waide, Attorney for Appellee.

EN BANC.


SMITH, Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. The State of Mississippi appeals to this court from a dismissal of an indictment in favor of Anthony Shumpert by the Circuit Court of Lee County.

¶ 2. The dismissal order had its origin in the re-indictment of Shumpert after a nolle prosequi by the State which was based on erroneous information reflecting that Officer Allen Gilbert could not identify Shumpert, when in fact...

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