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McGILBERRY v. STATE

No. 98-KA-00657-SCT.

797 So.2d 940 (2001)

Phillip McGILBERRY a/k/a Phillip Charles McGilberry, Jr., v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied July 27, 2001.

Attorney(s) appearing for the Case

J. Ronald Parrish, Attorney for Appellant.

Office of the Attorney General by Jean Smith Vaughan, Attorneys for Appellee.

BEFORE PITTMAN, C.J., SMITH and EASLEY, JJ.

PITTMAN, Chief Justice, for the Court:

¶ 1. Phillip Charles McGilberry, Jr. was indicted on October 30, 1997, by the Jones County Grand Jury for the murder of Marquelon Shelby in violation of Miss. Code Ann. § 97-3-19(1). Prior to trial the State moved in limine to exclude evidence of an altercation that had occurred between McGilberry and Shelby two months prior to Shelby's death. The trial court granted the motion. After a four-day trial, the jury returned...

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