Gause v. State

CHANDLER, Justice,

for the Court:

¶ 1. Curtis Wayne Gause was indicted on Count I, the capital murder of Jeffrey Swords with the underlying felony of burglary, and on Count II, the attempted aggravated assault of Tracy Gause. On Count I, the jury was instructed on capital murder with the underlying felony of burglary with the intent to commit an assault therein, murder, manslaughter, and burglary. A Pontotoc County jury found Gause guilty of manslaughter and burglary, and not guilty of attempted aggravated assault. The Circuit Court of Pontotoc County sentenced Gause to twenty years for…