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Stewart v. State

March 24, 1998

STEWART
v.
STATE



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

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

JAMES STEWART, 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: 05/13/96

TRIAL JUDGE: HON. JANNIE M. LEWIS

COURT FROM WHICH APPEALED: HOLMES COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: BUSINESS BURGLARY: SENTENCED TO SERVE A TERM OF 5 YRS IN THE MDOC

DISPOSITION AFFIRMED - 3/24/98

James Stewart appeals his conviction for burglary of a business raising the following issues as error:

I. THE TRIAL COURT ERRED IN REFUSING TO GRANT A DIRECTED VERDICT OF ACQUITTAL AND A REQUESTED PEREMPTORY INSTRUCTION (INSTRUCTION 1) (CP-39) AND, LIKEWISE, ERRED IN OVERRULING DEFENDANT'S MOTION FOR A NEW TRIAL OR FOR A JUDGMENT NOTWITHSTANDING THE VERDICT (CO-50), AS SAID VERDICT WAS CONTRARY TO LAW AND AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.

II. THE TRIAL COURT ERRED IN ITS FAILURE TO GRANT DEFENDANT'S MOTION FOR A MISTRIAL WHEN A STATE'S WITNESS GAVE PREJUDICIAL TESTIMONY IN VIOLATION OF A COURT-SANCTIONED AGREEMENT PROHIBITING ANY TESTIMONY OF OR ANY REFERENCE TO ANY "OTHER CRIMES, WRONGS OR ACTS" OF THE DEFENDANT.

Finding no error, we ...


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