Biles v. State

338 So.2d 1004 (1976)

Billy Glen BILES

v.

STATE of Mississippi

No. 49179.

Supreme Court of Mississippi.

November 2, 1976.

Bernard Gautier, Pascagoula, for appellant.

A.F. Summer, Atty. Gen., by Billy L. Gore, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before INZER, SUGG and LEE, JJ.

SUGG, Justice, for the Court.

Billy Glen Biles was convicted of capital murder and sentenced to death by the Circuit Court of Jackson County.

The evidence on behalf of the State was sufficient to support a conviction for murder but was not sufficient to support a conviction for capital murder because the proof did not show…