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KELLY v. STATE

No. 1999-KA-00504-COA.

778 So.2d 149 (2000)

Tyrone KELLY, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied February 13, 2001.

Attorney(s) appearing for the Case

S. Monique Brooks Montgomery, Columbus, Attorney for Appellant.

Office of the Attorney General by Charles W. Maris, Jr., Jackson, Attorneys for Appellee.

BEFORE SOUTHWICK, P.J., BRIDGES, AND THOMAS, JJ.

SOUTHWICK, P.J., for the Court:

¶ 1. The defendant was convicted by a jury of rape. He raises four appellate issues: (1) that a continuance was improperly denied; (2) venue was never proved; (3) no cautionary instruction was given regarding accomplice testimony; and (4) the verdict was against the overwhelming weight of the evidence. Finding no merit to the assignments of error, we affirm.

STATEMENT OF FACTS

¶ 2. On January 13, 1998, the...

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