PHILLIPSON v. STATE

No. 2005-KA-02345-SCT.

943 So.2d 670 (2006)

Joshua PHILLIPSON v. STATE of Mississippi.

Supreme Court of Mississippi.

November 30, 2006.


Attorney(s) appearing for the Case

Dan W. Duggan, Jr., Brandon, attorney for appellant.

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

Before WALLER, P.J., DIAZ and DICKINSON, JJ.


DIAZ, Justice, for the Court.

¶ 1. This case presents the question of whether a defendant accused of statutory rape is entitled to a lesser-included jury instruction regarding fornication. Because fornication is not a lesser-included crime of statutory rape, we affirm the ruling of the trial court to exclude the instruction.

FACTS AND PROCEEDINGS BELOW

¶ 2. The facts of this case are not in dispute...

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