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Wilson v. State

July 02, 1998

PHIL WILSON, JR.
v.
STATE OF MISSISSIPPI



Before Sullivan, P.j., Roberts And Waller, JJ.

The opinion of the court was delivered by: Waller, Justice

DATE OF JUDGMENT: 04/16/97

TRIAL JUDGE: HON. HENRY LAFAYETTE LACKEY

COURT FROM WHICH APPEALED: LAFAYETTE COUNTY CIRCUIT

NATURE OF THE CASE: CRIMINAL - FELONY

DISPOSITION AFFIRMED - 07/02/98

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

SUMMARY

¶1. Phil Wilson, Jr. ("Wilson") was indicted, tried, and convicted of the armed robbery of a Domino's pizza store. Wilson timely appealed, raising the following issues for this Court's consideration:

WHETHER THE TRIAL COURT ERRED IN DENYING WILSON'S MOTION FOR CONTINUANCE MADE ORE TENUS IMMEDIATELY PRIOR TO TRIAL AND RENEWED FOLLOWING THE CONCLUSION OF THE STATE'S CASE-IN-CHIEF.

¶2. Because we find no merit in the issue raised by Wilson, we affirm his conviction.

STATEMENT OF THE FACTS

ΒΆ3. On the night of August 1, 1996, Mr. Kuben Rhamathan ("Rhamathan") was working at his job at Dominoes Pizza in Oxford, Mississippi. Rhamathan had just sent his last driver out and had turned to lock the door when he was faced with a man pointing a sawed off shotgun at him. Rhamathan testified that the man was light black, slender and tall, with bushy afro style hair, and a blue bandanna tied across his face. The man ...


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