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Target v. State

March 24, 1998

TARGET V. STATE


The opinion of the court was delivered by: McMILLIN, P.j.

DAVID TAGERT A/K/A DAVID TAGGERT, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 01/06/95

TRIAL JUDGE: HON. ROBERT G. EVANS

COURT FROM WHICH APPEALED: SIMPSON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CT 1 BURGLARY INHABITED DWELLING: CT 2 KIDNAPING: CT 3 SEXUAL BATTERY: CT 4 CAPITAL MURDER: CT 1 15 YRS CONSECUTIVE CT'S 2 & 4 CONCURRENT CT 3; CT 2 LIFE CONSECUTIVE CT'S 1, 3 & 4; CT 3 30 YRS CONSECUTIVE CT'S 2 & 4 CONCURRENT CT 1; CT 4 LIFE

DISPOSITION REVERSED AND REMANDED - 3/24/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

EN BANC.

David Tagert has appealed his conviction in the Circuit Court of Simpson County on all four counts of an indictment charging him with burglary, kidnaping, sexual battery and capital murder. He complains on appeal that he was improperly denied his Sixth Amendment right to call a witness to testify in his behalf. We find his contention to have merit and reverse and remand for a new trial.

Only a brief recital of the facts is necessary to an understanding of the issue presented on appeal. According to evidence presented by the prosecution, Tagert and a companion, Eugene Biggs, broke into the home of their female victim, tied her up, sexually assaulted her and then murdered her. Tagert, though not ...


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