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LAMBERT v. STATE

No. 1999-CA-00395-SCT.

941 So.2d 804 (2006)

Gary Dean LAMBERT v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied November 16, 2006.

Attorney(s) appearing for the Case

Kristy L. Bennett, Joe M. Ragland, Jackson, attorneys for appellant.

Office of the Attorney General by Scott Stuart, attorney for appellee.

Before COBB, P.J., CARLSON and DICKINSON, JJ.

DICKINSON, Justice, for the Court.

¶ 1. The indictment alleged the defendant committed a murder during the commission of a burglary and was therefore guilty of capital murder. However, the indictment failed to disclose that the crime the defendant intended to commit after breaking and entering the dwelling was sexual battery. Although the defendant was convicted of simple murder, he now seeks post-conviction relief due to the faulty capital murder indictment...

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