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STATE v. FLEMING

No. 96-KA-00272-SCT.

726 So.2d 113 (1998)

STATE of Mississippi v. Edward H. FLEMING a/k/a Edward Harry Fleming.

Supreme Court of Mississippi.

Rehearing Denied September 10, 1998.

Attorney(s) appearing for the Case

Rufus Alldredge, Long Beach, for Appellant.

Michael Crosby, Gulfport, for Appellee.

EN BANC.

BANKS, Justice, for the Court:

¶ 1. Here, the State appeals a lower court's dismissal of a criminal indictment charging the appellee with possession of cocaine with intent to transfer or distribute on grounds that the prior forfeiture of the appellee's motor home and $3,300 constituted punishment for purposes of the Double Jeopardy Clause and therefore barred the criminal prosecution of the appellee. We conclude the...

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