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STATE v. SHAW

No. 2001-KA-01854-SCT.

880 So.2d 296 (2004)

STATE of Mississippi v. Tommy Dean SHAW.

Supreme Court of Mississippi.

August 12, 2004.

Attorney(s) appearing for the Case

Christopher Louis Schmidt, Christian, Cono A. Caranna, Biloxi, Wayne Snuggs, Jackson, attorneys for appellant.

Tadd Parsons, Jack Parsons, Wiggins, attorneys for appellee.

EN BANC.

ON MOTION FOR REHEARING

EASLEY, Justice, for the Court.

¶ 1. The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor.

¶ 2. Relying on Harris v. State, 723 So.2d 546 (Miss.1997), the Circuit Court of Stone County granted a directed verdict for Tommy Dean Shaw on the indicted charge of murder and would not allow the jury to consider...

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