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JOHNSON v. STATE

No. 2005-KA-01913-COA.

956 So.2d 358 (2007)

James JOHNSON, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

May 15, 2007.

Attorney(s) appearing for the Case

Walter E. Wood, Ridgeland, attorney for appellant.

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

Before MYERS, P.J., IRVING and BARNES, JJ.

BARNES, J., for the Court.

¶ 1. James Johnson was convicted of capital murder following a trial conducted in the Circuit Court of Madison County. Johnson was subsequently sentenced to a term of life in the custody of the Mississippi Department of Corrections. Aggrieved, Johnson perfected this appeal, asserting that the trial court erred by issuing a jury instruction which was inconsistent with the State's theory of guilt at trial, and by denying Johnson's motion...

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