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BUCHANAN v. STATE

No. 2010-KM-00695-COA.

84 So.3d 812 (2011)

Robert Lee BUCHANAN, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied December 13, 2011.

Certiorari Denied March 29, 2012.

Attorney(s) appearing for the Case

William Wendell Martin , Warren Leon Conway , attorneys for appellant.

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

EN BANC.

BARNES, J., for the Court:

¶ 1. Robert Buchanan was indicted for aggravated assault on a peace officer. A jury in the Harrison County Circuit Court found him guilty of misdemeanor simple assault. Buchanan now appeals, contending that the trial court erred in granting a lesser-included-offense jury instruction on misdemeanor simple assault. Finding no error, we affirm.

STATEMENT OF THE FACTS AND PROCEDURAL HISTORY

¶ 2. On the night of July...

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