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SMITH v. STATE

Nos. 97-CT-01407-SCT, 97-CT-01521-SCT.

754 So.2d 1159 (2000)

Kenny Ray SMITH v. STATE of Mississippi. Donald Bernard Moore a/k/a "Dominoe" v. State of Mississippi.

Supreme Court of Mississippi.

January 6, 2000.

Attorney(s) appearing for the Case

David M. Ratcliff, David L. Sullivan, Laurel, Attorneys for Appellants.

Office of the Attorney General by W. Glenn Watts, Jolene M. Lowry, Attorneys for Appellee.

EN BANC.

ON WRIT OF CERTIORARI

McRAE, Justice, for the Court:

¶ 1. From a conviction in the Jones County Circuit Court for a drive-by shooting, Kenny Ray Smith and Donald Bernard Moore appeal, assigning as error the introduction of their out-of-court statements in violation of their constitutional right of confrontation, and the inclusion of an additional element in Instruction S-1 not included in the...

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