Stewart v. State

377 So.2d 1067 (1979)

Joe Nathan STEWART

v.

STATE of Mississippi.

No. 51454.

Supreme Court of Mississippi.

December 12, 1979.

Rehearing Denied January 9, 1980.

A.R. Wright, Jr., Morris C. Phillips, Jr., Carthage, for appellant.

A.F. Summer, Atty. Gen. by Susan L. Runnels, Sp. Asst. Atty. Gen., Jackson, for appellee.

En banc.

SUGG, Justice, for the Court:

Defendant was convicted of burglary and sentenced to serve five years in the Mississippi Department of Corrections by the Circuit Court of Leake County. This was the second trial for defendant on the charge, the first having ended in a mistrial during…