MAGEE v. STATE

No. 2010-KA-00463-COA.

73 So.3d 1183 (2011)

Jay T. MAGEE, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied August 16, 2011.

Certiorari Denied November 3, 2011.


Attorney(s) appearing for the Case

George T. Holmes , Jackson, attorney for appellant.

Office of the Attorney General by Ladonna C. Holland , attorney for appellee.

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


MAXWELL, J., for the Court:

¶ 1. Jay Magee challenges the admission of DNA evidence at his trial for armed robbery and kidnapping. We reject his claim that the search warrant, relied on to collect a DNA swab from his mouth, only authorized a search of his jail cell and not him personally. And even if it were true that the search warrant was invalid to search Magee, we find the DNA evidence, tying him to a ski mask discovered in the woods near the crime scene...

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