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HOGAN v. STATE

No. 1998-KA-01419-SCT.

755 So.2d 1073 (2000)

Walter HOGAN v. STATE of Mississippi.

Supreme Court of Mississippi.

February 10, 2000.

Attorney(s) appearing for the Case

Thomas M. Brahan, Aberdeen, Attorney for Appellant.

Office of the Attorney General by Deirdre McCrory, Attorney for Appellee.

EN BANC.

PRATHER, Chief Justice, for the Court:

STATEMENT OF THE FACTS AND CASE

¶ 1. On the evening of June 5, 1996, Charles West ("Mr. West"), age 84, and his 81-year old wife Opel West ("Mrs. West") were relaxing in their home in Aberdeen. Mr. West testified that, around 8:30 p.m., he decided to go into the kitchen in order to get the medicine which he customarily took around that time. When Mr. West entered the dining room, he encountered two intruders...

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