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CLAYTON v. STATE

No. 2011-KA-00623-SCT.

106 So.3d 802 (2012)

Quincy CLAYTON a/k/a Quincy Lee Clayton v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied February 21, 2013.

Attorney(s) appearing for the Case

David Neil McCarty, attorney for appellant.

Office of the Attorney General by W. Glenn Watts, attorney for appellee.

Before CARLSON, P.J., RANDOLPH and KITCHENS, JJ.

RANDOLPH, Justice, for the Court:

¶ 1. This case is before this Court on direct appeal of the Jones County Circuit Court's conviction of Quincy Clayton for the murder of his wife, Alice. We find error in depriving Clayton submission of an alternative theory of defense, when his requested jury instruction on heat-of-passion excusable homicide was refused. Accordingly, we reverse and remand this case to the Jones County Circuit Court for a new trial.

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