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STATE v. PARKMAN

No. 2010-KA-02052-COA.

106 So.3d 378 (2012)

STATE of Mississippi, Appellant v. Joe Van PARKMAN, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied December 4, 2012.

Certiorari Denied January 31, 2013.

Attorney(s) appearing for the Case

Office of the Attorney General by Scott Stuart , attorney for appellant.

Scott Joseph Schwartz , Hattiesburg, attorney for appellee.

EN BANC.

MAXWELL, J., for the Court:

¶ 1. Mississippi does not allow criminal defendants to use pretrial pleadings to test the sufficiency of the evidence supporting an indictment. Yet here the trial court granted a defendant's pretrial challenge to the evidence supporting the embezzlement count of a three-count indictment, dismissing the charge with prejudice. Because our supreme court has emphasized the proper time to challenge the sufficiency of the evidence is during...

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