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Dobbs v. State

April 23, 1998

DOBBS
v.
STATE



Before Prather, C.j., Roberts And Mills, JJ.

The opinion of the court was delivered by: Prather, Chief Justice, For The Court:

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A MEMORANDUM/PER CURIAM AFFIRMANCE

DATE OF JUDGMENT: 02/13/97

TRIAL JUDGE: HON. BARRY W. FORD

COURT FROM WHICH APPEALED: LEE COUNTY CIRCUIT COURT

BY: DEWITT T. ALLRED, III

DISTRICT ATTORNEY: JAMES YOUNG

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

STATEMENT OF THE CASE

Carl E. Dobbs was convicted of capital murder on March 1, 1979 and sentenced to life imprisonment on March 9, 1979. On December 21, 1996, Dobbs filed a motion to dismiss his indictment and set aside his sentence, arguing that his indictment was fatally defective in that it did not conclude with the phrase "against the peace and dignity of the State of Mississippi." Dobbs' motion was dismissed by the Circuit Court of Lee County on February 13, 1997, and he appealed to this Court.

ISSUES

A. Petitioner's Indictment Was Defective and Void Where It Did Not Comply With Rule 7.06 of the Uniform Criminal Rules of Court Practice, Nor § 169 of the Mississippi Constitution of 1890, Where it did not Conclude With the Phrase "Against The Peace and Dignity of the State."

B. There is no Statutory or Constitutional Right to Disposition of Motion to Vacate, Set Aside, or Correct Sentence Within Specific Time.

Dobbs argues that his indictment was fatally defective in that it did not conclude with the phrase "against the peace and dignity of the State of Mississippi." The ...


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