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STEWART v. STATE

No. 2004-KA-01242-SCT.

909 So.2d 52 (2005)

Benjamin STEWART v. STATE of Mississippi.

Supreme Court of Mississippi.

August 18, 2005.

Attorney(s) appearing for the Case

David Lydell Tisdell, attorney for appellant.

Office of the Attorney General by Billy L. Gore, attorney for appellee.

Before WALLER, P.J., EASLEY and GRAVES, JJ.

EASLEY, Justice, for the Court.

PROCEDURAL HISTORY

¶ 1. Benjamin Stewart a/k/a "Benzo" was indicted by the Bolivar County Grand Jury on two counts of burglary of a dwelling in violation of Miss.Code Ann. § 97-17-23. A jury trial was held with the jury returning a hung jury verdict on Count I and a guilty verdict on Count II.1 Stewart was sentenced to serve a term of eight (8) years in an institution under the supervision...

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