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EMERY v. STATE

No. 2002-KA-00450-SCT.

869 So.2d 405 (2004)

Odis EMERY, Jr. v. STATE of Mississippi.

Supreme Court of Mississippi.

April 1, 2004.

Attorney(s) appearing for the Case

William R. Labarre, for Appellant.

Office of the Attorney General by Deirdre McCrory, for Appellee.

DICKINSON, Justice, for the Court.

¶ 1. Odis Emery, Jr., was tried before a jury in Washington County, Mississippi, on a charge of burglary of a dwelling house. During trial, Emery took the stand, but did not testify on direct examination as to his whereabouts at the time the crime was committed.

¶ 2. On cross-examination, the prosecutor asked Emery where he was at the time the crime was committed. Then...

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