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DANNY SINGLETON v. STATE OF MISSISSIPPI

SEPTEMBER 24, 1986

DANNY SINGLETON
v.
STATE OF MISSISSIPPI



BEFORE HAWKINS, P.J., PRATHER AND SULLIVAN, JJ.

HAWKINS, PRESIDING JUSTICE, FOR THE COURT:

Danny Singleton appeals from his conviction of armed robbery, with over two previous convictions, and sentence as a habitual offender to thirty-five (35) years with the Mississippi Department of Corrections.

The only issue we address on this appeal is whether a jury verdict convicting him of armed robbery when he was indicted for attempted armed robbery vitiated his conviction. Finding no error, we affirm.

 FACTS

 Edward H. Currie, M.D., and his wife were away from their home in Gulfport on the evening of September 22, 1983. He and his brother-in-law, Wesley Van Buren, returned to Dr. Currie's home momentarily that evening, where they found Singleton in the process of burglarizing the house. Singleton pulled a revolver on Dr. Currie and Van Buren and, under threat of shooting him, demanded the doctor open his

 safe. Dr. Currie did not know the combination, and Singleton let him telephone Mrs. Currie. During their ordeal, Dr. Currie noticed Singleton lapsed momentarily and grabbed him. In the scuffle the revolver was taken from Singleton and Dr. Currie got his own pistol. Singleton was finally apprehended after attempting to escape through a bathroom.

 Singleton was indicted by the grand jury of the First Judicial District of Harrison County of attempted armed robbery with the revolver, and as a recidivist, he having been convicted of previous felonies in Texas and Louisiana.

 Following trial the Court gave the following instruction to the jury (Vol. III, p.496):

 INSTRUCTION NO. C.17

 The Court instructs the Jury that your verdict should be written on a separate piece of paper, need not be signed and may be in one of the following forms:

 If you find the defendant guilty and set punishment:

 " We, the jury, find the defendant guilty of Attempted Armed Robbery and set punishment at Life Imprisonment. "

 If you find the defendant guilty and cannot agree on punishment:

 " We, the jury, find the defendant guilty of Attempted ...


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