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BIRKLEY v. STATE

No. 98-KA-00394-SCT.

750 So.2d 1245 (1999)

Johnny BIRKLEY and Dennis Birkley v. STATE of Mississippi.

Supreme Court of Mississippi.

December 2, 1999.

Attorney(s) appearing for the Case

George T. Kelly, Jr., Greenville, Howard Q. Davis, Jr., Indianola, Attorneys for Appellants.

Office of the Attorney General by Jean Smith Vaughan, Attorney for Appellee.

BEFORE PITTMAN, P.J., WALLER AND COBB, JJ.

COBB, Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. This is a criminal appeal from the Circuit Court of Washington County, Mississippi. Dennis Birkley, age seventeen, and his cousin Johnny Birkley, age thirteen, and brothers Samuel Gilmore and Andrew Gilmore, were arrested and charged with the robbery and shooting of Jimmy Yawn and David Speed in Greenville on December 11, 1996. Thirteen months later, on January 20, 1998, Dennis Birkley...

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