Myers v. State

353 So.2d 1364 (1978)

Marvin MYERS, Jr.

v.

STATE of Mississippi.

No. 49848.

Supreme Court of Mississippi.

January 11, 1978.

Dodson, Kelly & Butts, Robert J. Kelly, Oxford, for appellant.

A.F. Summer, Atty. Gen., by Frankie Walton White, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before SUGG, WALKER and BROOM, JJ.

SUGG, Justice, for the Court:

This is the third appeal by defendant. His first conviction was reversed because a motion by defendant's court-appointed counsel to withdraw was heard out of defendant's presence. Myers v. State, 254 So.2d 891 (Miss. 1971). Defendant's second conviction was…