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COMBY v. STATE

No. 2003-KA-01075-COA.

901 So.2d 1282 (2004)

Samuel C. COMBY, Appellant, v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied March 1, 2005.

Certiorari Denied May 19, 2005.

Attorney(s) appearing for the Case

Kathryn N. Nester, Jackson, Shawna Anne Murrell, Columbia, SC, attorneys for appellant.

Office of the Attorney General by Deirdre McCrory, attorney for appellee.

Before LEE, P.J., IRVING and GRIFFIS, JJ.

LEE, P.J., for the Court.

FACTS AND PROCEDURAL HISTORY

¶ 1. On his way home from working the night shift on September 3, 2002, Samuel Comby bought a six pack of beer. Comby drank the beer and ate breakfast as he worked around his house that morning. Shortly after noon, Comby offered to give a friend a ride across the Choctaw reservation, about a forty minute drive. After Comby dropped his friend off, he stopped by another friend's house who gave him...

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