Mayze v. State

PAYNE, J,

for the Court:

¶ 1. Waddell Mayze was convicted in the Circuit Court of Holmes County, Mississippi on two counts of sale of cocaine and sentenced to serve consecutive terms of three years in custody of the Mississippi Department of Corrections. He appeals asserting three assignments of error

*500I. THE JURY’S VERDICT WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.

II. THE TRIAL COURT ERRED IN NOT EXCLUDING THE TESTIMONY OF A WITNESS WHOSE IDENTITY WAS NOT DISCLOSED UNTIL THE MORNING OF THE TRIAL.

III. THE TRIAL COURT ERRED IN PERMITTING REBUTTAL TESTIMONY.

FACTS

¶ 2. On October 3, 1996,…