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SMITH v. STATE

No. 2001-KA-01235-SCT.

839 So.2d 489 (2003)

Thomas Edward SMITH v. STATE of Mississippi.

Supreme Court of Mississippi.

February 20, 2003.

Attorney(s) appearing for the Case

David L. Walker, Batesville, for appellant.

Office of the Attorney General by Scott Stuart, for appellee.

Before PITTMAN, C.J., COBB and DIAZ, JJ.

DIAZ, JUSTICE, for the Court.

¶ 1. In July 2000, Trooper Dennis Darby of the Mississippi Highway Safety Patrol stopped a car with no license plate driven by Thomas Edward Smith (Smith). The car was also occupied by Davlyne Parker (Parker), riding in the passenger seat. Trooper Darby noticed a thirty-two ounce bottle of beer in the floor of the car and also noticed the passenger moving around suspiciously.

¶ 2. Smith and Parker allowed Trooper Darby...

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