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Harkins v. State

March 31, 1999

HENRY HARKINS A/K/A HENRY L. HARKINS
v.
STATE OF MISSISSIPPI



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

DATE OF JUDGMENT: 09/10/97

TRIAL JUDGE: HON. LEE HOWARD

COURT FROM WHICH APPEALED: NOXUBEE COUNTY CIRCUIT COURT

BY: RODERICK DIXIE WALKER JOLENE M. LOWRY

DISTRICT ATTORNEY: FORREST ALLGOOD

NATURE OF THE CASE: CRIMINAL - MISDEMEANOR

DISPOSITION: REVERSED AND REMANDED

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

BEFORE PRATHER, C.J., SMITH AND WALLER, JJ.

STATEMENT OF THE CASE

¶1. On November 1, 1995, Appellant Henry Harkins was tried and convicted of driving under the influence (D.U.I.), second offense, in the Justice Court of Noxubee County. Harkins appealed to the Circuit Court of Noxubee County, where he requested, but was denied, a jury trial. Following a bench trial, Circuit Judge Lee Howard found Harkins guilty and sentenced him to five (5) days imprisonment in the county jail, suspended, and ordered him to pay a fine of $750 plus court costs. Harkins timely appealed to this Court.

ISSUES

I. Whether the trial court erred in refusing the appellant ...


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