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BYRD v. STATE

No. 96-KA-00475 COA.

741 So.2d 1028 (1999)

Cedric BYRD, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

June 22, 1999.

Attorney(s) appearing for the Case

Walter E. Wood, Ridgeland, Attorney for Appellant.

Office of the Attorney General by Charles W. Maris Jr., Attorney for Appellee.

BEFORE THOMAS, P.J., DIAZ, AND SOUTHWICK, JJ.

THOMAS, P.J., for the Court:

¶ 1. Cedric Byrd appeals his conviction of rape and burglary, raising the following issues as error:

I. THE CIRCUIT COURT ERRED IN NOT DISMISSING THIS CAUSE PURSUANT TO THE 270 DAY RULE.

II. THE CIRCUIT COURT ERRED IN FAILING TO STRIKE TESTIMONY OF JENNIFER LINDSEY, PH. D., OR TO DECLARE A MISTRIAL, AFTER IT BECAME APPARENT THAT SHE DID NOT PERFORM THE D.N.A. TEST TO THE...

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