Johnson v. State

987 So.2d 420 (2008)

Ardes Lee JOHNSON

v.

STATE of Mississippi.

No. 2007-KA-00159-SCT.

Supreme Court of Mississippi.

July 31, 2008.

Benjamin Allen Suber, Boyd P. Atkinson, Cleveland, Glenn S. Swartzfager, Jackson, attorneys for appellant.

Office of the Attorney General by Stephanie Breland Wood, attorney for appellee.

EN BANC.

RANDOLPH, Justice, for the Court.

¶ 1. The longstanding, seldom-applied, legal doctrine which we are required to address in the case sub judice is commonly referred to as the "Weathersby rule." This appellation originated from a decision of this Court seventy-five years ago. See…