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BEN v. STATE

No. 2009-CT-01495-SCT.

95 So.3d 1236 (2012)

Cecil R. BEN v. STATE of Mississippi.

Supreme Court of Mississippi.

August 23, 2012.

Attorney(s) appearing for the Case

Julie Ann Epps , Canton, attorney for appellant.

Office of the Attorney General by W. Glenn Watts , attorney for appellee.

EN BANC.

WALLER, Chief Justice, for the Court:

¶ 1. Cecil Ben was convicted of rape and sentenced to life imprisonment by the Circuit Court of Leake County. The Court of Appeals affirmed his conviction and sentence. We now do the same.

FACTS AND PROCEDURAL HISTORY

¶ 2. The Court of Appeals set out the facts and procedural history as follows:

On October 3, 2007, at approximately 4:30 a.m., Ben, a bus driver with the Choctaw Transit Authority...

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