Berry v. State

288 So.2d 457 (1974)

Theopha BERRY

v.

STATE of Mississippi.

No. 47597.

Supreme Court of Mississippi.

January 14, 1974.

David H. Smith, Jackson, for appellant.

A.F. Summer, Atty. Gen., by Ben H. Walley, Asst. Atty. Gen., Jackson, for appellee.

SMITH, Justice:

Theopha Berry was tried in the Circuit Court of Hinds County upon a charge of attempted armed robbery. From his conviction and sentence upon that charge he has appealed.

It is not denied, but is admitted, that appellant did, in fact, enter the liquor store upon the occasion in question, draw a pistol with which he had armed himself, and engage in a…