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GAUSE v. STATE

No. 2010-KA-00127-SCT.

65 So.3d 295 (2011)

Curtis Wayne GAUSE v. STATE of Mississippi.

Supreme Court of Mississippi.

June 23, 2011.

Attorney(s) appearing for the Case

Office of Indigent Appeals by Justin Taylor Cook , attorney for appellant.

Office of the Attorney General by Jeffrey A. Klingfuss , Jackson, attorney for appellee.

Before CARLSON, P.J., LAMAR and CHANDLER, JJ.

CHANDLER, Justice, for the Court:

¶ 1. Curtis Wayne Gause was indicted on Count I, the capital murder of Jeffrey Swords with the underlying felony of burglary, and on Count II, the attempted aggravated assault of Tracy Gause. On Count I, the jury was instructed on capital murder with the underlying felony of burglary with the intent to commit an assault therein, murder, manslaughter, and burglary. A Pontotoc County jury found Gause guilty of manslaughter and...

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