LEE v. STATE

No. 52577.

403 So.2d 132 (1981)

Joe Henry LEE v. STATE of Mississippi.

Supreme Court of Mississippi.

September 2, 1981.


Attorney(s) appearing for the Case

Stanley H. Hathorn, Hathorn & Hathorn, Louisville, for appellant.

Bill Allain, Atty. Gen. by Catherine Walker Underwood, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before SMITH, P.J., and BOWLING and HAWKINS, JJ.


HAWKINS, Justice for the Court:

Joe Henry Lee was convicted of burglary of a dwelling by the Circuit Court of Winston County, sentenced to a term of seven years in the state penitentiary with three years suspended, from which he appeals.

About 2:00 a.m. on Sunday morning, November 18, 1979, Mrs. Helen Hyde was awakened in her home when she observed the defendant (Lee) tiptoeing past her bedroom door. Her husband, E.L. Hyde, was sleeping in the country store...

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