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Smith v. State

March 24, 1998

SMITH
v.
STATE



Before Thomas, P.j., King, And Payne, JJ.

The opinion of the court was delivered by: King, J

CURTIS SMITH, 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: 05/15/96

TRIAL JUDGE: HON. JANNIE M. LEWIS

COURT FROM WHICH APPEALED: HOLMES COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: MURDER: SENTENCED TO SERVE A TERM OF LIFE IN THE MDOC

DISPOSITION AFFIRMED - 3/24/98

Curtis Smith was convicted of murder in violation of Miss. Code Ann. § 97-3-19(1)(a) (Rev.1994) and sentenced to life imprisonment in the custody of the Mississippi Department of Corrections. On appeal, Smith argues two points of error:

(1) The trial court erred in overruling the Defendant's motion for directed verdict or in the alternative, Defendant's requested peremptory instruction (Jury Instruction D-1) on the charge of murder, said motion and instruction being submitted in accordance with § 97-3-31 of the Miss. Code of 1972 , as amended.

(2) The Court erred in refusing to instruct the jury that they should find the defendant guilty of manslaughter as instructed in jury instruction D-10 explaining the charge of manslaughter in accordance with § 97-3-31 of the Miss. Code of 1972, as amended.

Finding no error, we affirm the circuit ...


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