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GARDNER v. STATE

No. 1999-KA-01759-COA.

792 So.2d 1000 (2001)

Timothy GARDNER a/k/a Timothy L. Gardner, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied May 22, 2001.

Certiorari Denied August 30, 2001.

Attorney(s) appearing for the Case

David Clay Vanderburg, David L. Walker, Southaven, for Appellant.

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

Before SOUTHWICK, P.J., LEE, and THOMAS, JJ.

THOMAS, J., for the Court:

¶ 1. Timothy Gardner was convicted of the sale of cocaine, a schedule II controlled substance, in Tallahatchie County. On appeal, he asserts the following errors:

I. WHETHER THE LOWER COURT ERRED IN OVERRULING GARNER'S MOTION FOR A MISTRIAL MADE DURING THE STATE'S CLOSING ARGUMENT.

II. WHETHER THE LOWER COURT ERRED IN FAILING TO GRANT GARDNER'S MOTION FOR A MISTRIAL DURING THE TESTIMONY OF STATE'S WITNESS AGENT BISHOP...

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