Hicks v. State

355 So.2d 679 (1978)

Booker HICKS, Jr.

v.

STATE of Mississippi.

No. 50286.

Supreme Court of Mississippi.

March 1, 1978.

Richard L. Yarbrough, Gulfport, for appellant.

A.F. Summer, Atty. Gen. by Marvin L. White, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, BROOM and BOWLING, JJ.

PATTERSON, Chief Justice, for the Court:

Booker Hicks, Jr. was convicted of the capital murder of James M. Bostick under the provision of Mississippi Code Annotated section 97-3-19(2)(e) (Supp. 1974) and was sentenced to death. Because the case was tried before Jackson v. State, 337 So.2d 1242 (Miss. 1976),…