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GARTH v. STATE

No. 1998-KA-01118-COA.

771 So.2d 984 (2000)

Earnest Louis GARTH, III, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

November 21, 2000.

Attorney(s) appearing for the Case

H. Craig Treadway, Olive Branch, Attorney for Appellant.

Office of the Attorney General by Scott Stuart, Attorneys for Appellee.

BEFORE SOUTHWICK, P.J., IRVING, AND PAYNE, JJ.

IRVING, J., for the Court:

¶ 1. Ernest Garth shot and killed Alex Swopshire in the back yard of Garth's home. Consequently, Garth was charged and indicted with murder. The jury returned a verdict of not guilty of murder but convicted Garth of manslaughter. He was sentenced to twenty years in the custody of MDOC with seven years suspended, pending future good behavior. Aggrieved, Garth has appealed and contends that the trial court erred (1) in denying his motion...

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