McIntosh v. State

917 So.2d 78 (2005)

Tyrone McINTOSH

v.

STATE of Mississippi.

No. 2004-KA-02204-SCT.

Supreme Court of Mississippi.

November 10, 2005.

Tommy Wayne Defer, attorney for appellant.

Office of the Attorney General by Jose' Benjamin Simo, attorney for appellee.

Before COBB, P.J., EASLEY and GRAVES, JJ.

EASLEY, Justice, for the Court.

STATEMENT OF THE CASE

¶ 1. Tyrone McIntosh (McIntosh) was indicted in the Circuit Court of the Second Judicial District of Tallahatchie County, Mississippi, in a three-count indictment. The indictment charged McIntosh as follows: (1) Count 1: capital murder, (2) Count 2: aggravated…