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SMOOT v. STATE

No. 1999-KA-01542-COA.

780 So.2d 660 (2001)

Kevin SMOOT, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied March 13, 2001.

Attorney(s) appearing for the Case

Pamela A. Ferrington, Natchez, for Appellant.

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

Before KING, P.J., IRVING, and PAYNE, JJ.

PAYNE, J., for the Court:

PROCEDURAL HISTORY

¶ 1. Kevin Smoot was indicted in Adams County along with several other men for the aggravated assault of Ernest Clark. The trial was set for September 5, 1997, at which time Smoot claims that the district attorney told the judge he would nolle prosse the charges against Smoot.

¶ 2. On September 30, 1998, Smoot and all of the other co-defendants, except for one, were reindicted for the...

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