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WHITAKER v. STATE

No. 2011-KA-00857-COA.

114 So.3d 725 (2012)

Timmy Dale WHITAKER a/k/a Timmy Whitaker a/k/a Timmy D. Whitaker, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied March 19, 2013.

Certiorari Denied June 6, 2013.

Attorney(s) appearing for the Case

George T. Holmes , Jackson, Clay Spencer Nails , Corinth, Mollie Marie McMillin , Leslie S. Lee , Jackson, attorneys for appellant.

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

Before GRIFFIS, P.J., BARNES and ISHEE, JJ.

GRIFFIS, P.J., for the Court:

¶ 1. An Alcorn County jury found Timmy Dale Whitaker guilty of aggravated assault, under Mississippi Code Annotated section 97-3-7(2)(a) (Supp.2011), and burglary of a dwelling, under Mississippi Code Annotated section 97-17-23 (Supp.2011). On appeal, Whitaker argues that: (1) the circuit court erred in denying a mistrial following comments made by prospective jurors during voir dire; (2) his constitutional and statutory right to...

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