RAY v. STATE

No. 56589.

503 So.2d 222 (1986)

Lewis Brooks RAY v. STATE of Mississippi.

Supreme Court of Mississippi.

As Modified on Denial of Rehearing February 25, 1987.


Attorney(s) appearing for the Case

Tom T. Ross, Jr., Ross & Ross, Clarksdale, for appellant.

Edwin Lloyd Pittman, Atty. Gen. by Jack B. Lacy, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

En Banc.


ON PETITION FOR REHEARING

ROBERTSON, Justice, for the Court:

I.

At its core this appeal of an armed robbery conviction asks that we consider whether a pre-trial notice of alibi filed by defense counsel may be employed by the prosecution as substantive evidence. We hold that it may not. The notice of alibi is merely a notice that the defendant may assert an alibi defense at trial. It is required under a procedural rule designed to minimize...

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