No. 98-KA-00334-SCT.

729 So.2d 1255 (1999)

Thomas David BAILEY v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied March 25, 1999.

Attorney(s) appearing for the Case

Nicholas McLeod Haas, Waveland, Attorney for Appellant.

Office of the Attorney General by Pat S. Flynn, Attorney for Appellee.

Before PITTMAN, P.J., and SMITH and MILLS, JJ.

PITTMAN, Presiding Justice, for the Court:

¶ 1. Thomas David Bailey ("Bailey") was indicted for three counts of felony child abuse by the Grand Jury of the Circuit Court of Hancock County on May 12, 1997. The State proceeded to trial on Count I only which stated that:

Thomas David Bailey in Hancock County, Mississippi, on or about October 10, 1996, did willfully, unlawfully, feloniously and intentionally, torture Korey Jarrach, a child the age of four...


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