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ROBERT McGRUDER v. STATE OF MISSISSIPPI

SEPTEMBER 05, 1984

ROBERT McGRUDER
v.
STATE OF MISSISSIPPI



BEFORE ROY NOBLE LEE, ROBERTSON AND SULLIVAN

SULLIVAN, JUSTICE FOR THE COURT:

Appellant was convicted of burglary in violation of Mississippi Code Annotated 97-17-33 (1972), and as a violent habitual criminal under Mississippi Code Annotated 99-19-83 (Supp. 1983), by the Circuit Court of Harrison County, Mississippi, Judge J. Ruble Griffin presiding. On April 21, 1983, appellant was sentenced to life imprisonment without parole.

Appellant's sole ground on this appeal is that the trial court erroneously refused to grant his motion for mistrial based on the prosecutor's conduct which allegedly violated his constitutional rights.

 This is a companion case to McGruder v. State, No. 55,008, and is controlled by this Court's decision rendered in that case on this date.

 Therefore, we affirm.

 AFFIRMED.

 WALKER, P.J., ROY NOBLE LEE, P.J., BOWLING, HAWKINS, DAN LEE, PRATHER AND ROBERTSON, JJ., CONCUR. PATTERSON, C.J., NOT PARTICIPATING.

19840905 ...


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