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Wilkerson v. State

December 18, 1998

JAMES WILKERSON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Thomas, P.j., Coleman, And Hinkebein, JJ.

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

DATE OF JUDGMENT: 08/15/97

TRIAL JUDGE: HON. MARCUS D. GORDON

COURT FROM WHICH APPEALED: NEWTON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: BURGLARY OF A DWELLING HOUSE: SENTENCED TO SERVE A TERM OF 7 YRS IN THE MDOC & PAY A FINE OF $2,000 AND COSTS OF COURT

DISPOSITION: AFFIRMED - 12/18/98

¶1. James Wilkerson appeals his conviction of burglary, raising the following issues as error:

I. THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE APPELLANT'S CONFESSION.

II. THERE WAS A FATAL VARIANCE BETWEEN THE PROOF AND THE INDICTMENT.

III. THE VERDICT WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.

¶2. Finding no error, we affirm.

FACTS

ΒΆ3. In July 1996, Bertha Thrash was an elderly woman who owned a home in Newton County, Mississippi. She lived at this home for about four months out of the year when a daughter came and stayed with her. The other eight months of the year Thrash was taken care of by another daughter, ...


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