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McDonald v. State

July 23, 1998

CHARLES MCDONALD A/K/A CHARLES W. MCDONALD A/K/A CHARLES WILLIAM MCDONALD
v.
STATE OF MISSISSIPPI



Before Pittman, P.j., McRAE And Mills, JJ.

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

DATE OF JUDGMENT: 05/12/97

TRIAL JUDGE: HON. BILLY JOE LANDRUM

COURT FROM WHICH APPEALED: JONES COUNTY CIRCUIT COURT

BY: BILLY L. GORE

DISTRICT ATTORNEY: JEANNENNE T. PACIFIC

NATURE OF THE CASE: CRIMINAL - FELONY

DISPOSITION REVERSED AND REMANDED

STATEMENT OF THE CASE

¶1. Charles McDonald was indicted in the Circuit Court of Jones County for the murder of Elijah Adams on January 22, 1997. He was convicted of manslaughter on April 14, 1997. McDonald was thereafter sentenced to serve a term of twenty years in the custody of the Mississippi Department of Corrections. Aggrieved by the lower court proceedings, McDonald brings five separate assignments of error. We find that the lower court erred in failing to grant the "no retreat" jury instruction requested by the defendant, and thus, reverse and remand for a new trial. Accordingly, we address only the first two assignments of appeal, finding the final three assignments to be moot.

ISSUES

I. WHETHER THE TRIAL COURT ERRED IN OVERRULING APPELLANT'S MOTION TO QUASH THE INDICTMENT FOR WANT OF THE WORD "DID."

II. WHETHER THE TRIAL COURT ERRED IN DENYING A "NO ...


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