Birkley v. State

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

STATEMENT OF THE CASE

¶ 1. This is a criminal appeal from the Circuit Court of Washington County, Mississippi. Dennis Birkley, age seventeen, and his cousin Johnny Birkley, age thirteen, and brothers Samuel Gilmore and Andrew Gilmore, were arrested and charged with the robbery and shooting of Jimmy Yawn and David Speed in Greenville on December 11, 1996. Thirteen months later, on January 20, 1998, Dennis Birkley and Johnny Birkley were tried jointly, at their…