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GILBERT v. STATE

No. 2009-KA-01539-SCT.

48 So.3d 516 (2010)

John Willis GILBERT, Jr. v. STATE of Mississippi.

Supreme Court of Mississippi.

November 10, 2010.

Attorney(s) appearing for the Case

Office of Indigent Appeals by Leslie S. Lee , Jackson, Phillip W. Broadhead , Oxford, attorneys for appellant.

Office of the Attorney General by Stephanie Breland Wood , attorney for appellee.

Before CARLSON, P.J., RANDOLPH and KITCHENS, JJ.

CARLSON, Presiding Justice, for the Court:

¶ 1. John Gilbert, Jr. was convicted of aggravated assault stemming from an incident between him and Alice Stapleton. Gilbert was sentenced as a habitual offender to life in prison without parole under Mississippi Code Section 99-19-83 (Rev. 2007). After the trial judge denied Gilbert's motion for judgment notwithstanding the verdict, or in the alternative, a new trial, Gilbert perfected this appeal, alleging errors...

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