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Frambes v. State

4/20/1999

." Id. Accordingly, this Court finds that State Instruction 4A was improper, and therefore should not have been granted.


. The trial Judge having improperly granted State Instruction 4A, we find reversible error and remand for a new trial. Having reversed on this error, this Court finds it unnecessary to address the remaining issues.


. THE JUDGMENT OF THE HARRISON COUNTY CIRCUIT COURT OF CONVICTION OF DRIVING UNDER INFLUENCE CAUSING DEATH IS REVERSED AND REMANDED FOR A NEW TRIAL. ALL COSTS OF THIS APPEAL ARE ASSESSED TO HARRISON COUNTY.


McMILLIN, C.J., SOUTHWICK, P.J., BRIDGES, COLEMAN, DIAZ, IRVING,LEE, AND PAYNE, JJ., CONCUR. THOMAS, J., NOT PARTICIPATING.






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