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ABERNATHY v. STATE

No. 2008-KA-01457-SCT.

30 So.3d 320 (2010)

David ABERNATHY v. STATE of Mississippi.

Supreme Court of Mississippi.

March 4, 2010.

Attorney(s) appearing for the Case

Joseph Patrick Frascogna, attorney for appellant.

Office of the Attorney General by Laura Hogan Tedder, attorneys for appellee.

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

PIERCE, Justice, for the Court:

¶ 1. This appeal comes to this Court from the Rankin County Circuit Court's denial of David Abernathy's Motion for Judgment of Acquittal Notwithstanding the Verdict and, in the alternative, Motion for a New Trial.

FACTS AND PROCEEDINGS BELOW

¶ 2. On August 24, 2006, David Abernathy was indicted for the felony offense of sexual battery in violation of Mississippi Code Section 97-3-95(1)(a) (Rev.2006). Abernathy...

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