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COX v. STATE

No. 2012-CA-01329-SCT.

134 So.3d 712 (2014)

Edward COX v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied, April 10, 2014.

Attorney(s) appearing for the Case

Richard Shane McLaughlin , Nicole H. McLaughlin , Jim Waide , Rachel Pierce Waide , Tupelo, attorneys for appellant.

Office of the Attorney General by Billy L. Gore , attorney for appellee.

Before RANDOLPH, P.J., KING and COLEMAN, JJ.

RANDOLPH, Presiding Justice, for the Court:

¶ 1. Edward Cox appeals the Clay County Circuit Court's denial of his motion to dismiss a three-count indictment, which charged Cox with three counts of aggravated assault under Section 97-3-7 of the Mississippi Code. The issue before this Court is whether the justice court's act of revoking Cox's suspended sentence for a prior misdemeanor assault and sentencing him to a six-month sentence bars the State from prosecuting...

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