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Cook v. State

December 08, 1998

EMANUEL COOK APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Bridges, C.j., Hinkebein, And King, JJ.

The opinion of the court was delivered by: Hinkebein, J.

DATE OF JUDGMENT: November 8, 1996

TRIAL JUDGE: HON. MIKE SMITH

COURT FROM WHICH APPEALED: PIKE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: UNLAWFUL SALE OF COCAINE: SENTENCED INTO CUSTODY OF THE MDOC FOR 30 YEARS; DEFENDANT ORDERED TO PAY A FINE IN THE AMOUNT OF $10,000 & COURT COSTS

DISPOSITION: AFFIRMED

¶1. Emmanuel Cook was convicted in the Pike County Circuit Court of the sale of cocaine in violation of § 41-29-139 of the Mississippi Code. For his offense, Cook was sentenced to a term of thirty years in the custody of the Mississippi Department of Corrections and ordered to pay a $10,000

fine and court costs. Aggrieved by his conviction, Cook appeals to this Court on the following grounds:

"I. THE TRIAL COURT ERRED IN DISALLOWING CROSS-EXAMINATION OF INFORMANT JONES REGARDING HIS ASSOCIATES AND CREDITORS.

"II. THE COURT ERRED IN ADMITTING THE DIGITAL TAPE ORDERED INTO EVIDENCE BY THE STATE OVER THE OBJECTION OF THE DEFENSE.

"III. USE OF AN INFORMANT PAID ON A CONTINGENT FEE BASIS VIOLATED APPELLANT'S RIGHT TO DUE PROCESS OF LAW.

"IV. THE MOTION FOR DIRECTED VERDICT SHOULD HAVE BEEN GRANTED BECAUSE THE EVIDENCE WAS INSUFFICIENT TO SUPPORT A CONVICTION OF POSSESSION OF COCAINE.

"V. THE TRIAL COURT ERRED IN FAILING TO GRANT THE DEFENSE MOTION FOR MISTRIAL WHEN AGENT ALLEN TESTIFIED TO THE FACT OF A DRUG DEAL ...


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