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SMITH v. STATE

No. 2005-KA-01474-COA.

947 So.2d 364 (2007)

Dexter "D.L." SMITH, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

January 23, 2007.

Attorney(s) appearing for the Case

W.S. Stuckey, Jr., attorney for appellant.

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

Before KING, C.J., IRVING and GRIFFIS, JJ.

KING, C.J., for the Court.

FACTS

¶ 1. On August 15, 2004, patrons of the 49 Club in Humphreys County were shooting dice on a pool table when Dexter "D.L." Smith set two dinner plates on the table. Christopher Lowe, who was running the dice game, asked Smith to remove the plates from the table. Smith and Lowe exchanged unkind words, and Lowe punched Smith in the mouth. Smith then fired three shots, one of which hit Lowe in the shoulder. Smith left the...

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