
    A. C. TOLBERT and Dorothy Tolbert v. STATE of Mississippi.
    No. 49911.
    Supreme Court of Mississippi.
    Nov. 16, 1977.
    Rehearing Denied Nov. 30, 1977.
    William T. Bailey, Lucedale, for appellants.
    A. F. Summer, Atty. Gen. by Scherry J. LeSieur, Sp. Asst. Atty. Gen., Jackson, for appellee.
    Before INZER, P. J., and WALKER and BROOM, JJ.
   Appeal from Circuit Court, Greene County; Merle F. Palmer, Judge.

CONVICTION IS AFFIRMED AS TO DOROTHY TOLBERT AND THE CONVICTION OF A. C. TOLBERT IS REVERSED AND HE IS REMANDED TO THE CUSTODY OF THE SHERIFF OF GREENE COUNTY TO AWAIT ACTION OF NEXT GRAND JURY.

PATTERSON, C. J., SMITH, P. J., and ROBERTSON, SUGG, LEE and BOWLING, JJ., concur.  