Stewart v. State

372 So.2d 257 (1979)

Jacob STEWART

v.

STATE of Mississippi.

No. 51195.

Supreme Court of Mississippi.

May 2, 1979.

Rehearing Denied July 11, 1979.

M. Charles May, Clyde Eiland Harris, Jackson, for appellant.

A.F. Summer, Atty. Gen., by Susan L. Runnels, Sp. Asst. Atty. Gen., Jackson, for appellee.

EN BANC.

SUGG, Justice, for the Court:

Defendant was convicted of armed robbery under Section 97-3-79 Mississippi Code Annotated (Supp. 1978).[1] The verdict of the jury was: "We, the jury, find the defendant guilty as charged." The jury did not fix the penalty at imprisonment for life and the trial judge…