Lambert v. State

941 So.2d 804 (2006)

Gary Dean LAMBERT

v.

STATE of Mississippi.

No. 1999-CA-00395-SCT.

Supreme Court of Mississippi.

September 14, 2006.

Rehearing Denied November 16, 2006.

Kristy L. Bennett, Joe M. Ragland, Jackson, attorneys for appellant.

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

Before COBB, P.J., CARLSON and DICKINSON, JJ.

DICKINSON, Justice, for the Court.

¶ 1. The indictment alleged the defendant committed a murder during the commission of a burglary and was therefore guilty of capital murder. However, the indictment failed to disclose that the crime the defendant…