Bond v. State, No. 42852

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtMcELROY
Citation249 Miss. 352,162 So.2d 510
Docket NumberNo. 42852
Decision Date06 April 1964
PartiesJohny BOND v. STATE of Mississippi.

Page 510

162 So.2d 510
249 Miss. 352
Johny BOND
v.
STATE of Mississippi.
No. 42852.
Supreme Court of Mississippi.
April 6, 1964.

Page 511

[249 MISS 353] Dudley W. Conner, Hattiesburg, for appellant.

Joe T. Patterson, Atty. Gen., by [249 MISS 354] G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, for appellee.

McELROY, Justice.

Appellant was indicted for murder in the Circuit Court of Forrest County, Mississippi, was found guilty of manslaughter and sentenced to serve twenty years in the state penitentiary.

Appellant operated a cafe in a community known as Palmer's Crossing near Hattiesburg. He shot and killed [249 MISS 355] Charlie Hicks, Jr. in front of his place of business. The deceased was unquestionably an unsavory character, or at least he so conducted himself on the day these events took place. Hicks made two trips to the Bond establishment. On the first occasion he was being obnoxious and making passes at a woman named Meland Williams and attempted to make an assault upon her person while behind the counter, having sexual relations in mind. The Williams woman prevented his further contact with her by grabbing a gun and shooting him through the fleshy part of the left arm. Hicks then left, and returned later looking for the woman who had shot him. At that time he was accompanied by another Negro man. When he went inside the cafe again causing trouble, appellant returned and made an effort to get him to leave. Hicks became violent and was forciby carried out by his friend, Gussie Martin. While Gussie Martin was attempting to take Hicks out through the front door, another man, George Talbert, came to his aid, the two of them got him through the door toward the car, and, while Gussie Martin still had his arms around Hicks, Hicks was shot once by appellant. This shot killed Hicks almost instantly, and he and Martin went to the ground. Upon hearing the shot, Talbert started running, and looked back and saw Martin and Hicks falling together. Talbert testified that he heard one of the defense witnesses, Annie Lee Bond, wife of appellant, about the time of the shot, screaming and hollering, 'Don't do that, don't do that.' This was later denied by appellant's wife.

It would serve no purpose to reiterate all of the testimony in this lengthy record. Attention is particularly called to the evidence and argument of appellant that Hicks Had broken loose from Martin and was returning toward appellant, was face to face with him when appellant fired the fatal shot. The distance was estimated variously at ten or twelve feet. The testimony of the state showed that Hicks was unarmed, while there was [249 MISS 356] an effort by the defense to show the presence of a gun or that Hicks had his hands in his pockets while advancing toward apellant. This conflict should be resolved in the minds of the Court, as it undoubtedly was in the minds of the jury, by...

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41 practice notes
  • Burns v. State, No. 96-DP-01088-SCT.
    • United States
    • Mississippi Supreme Court
    • November 19, 1998
    ...Wilson v. State, 234 So.2d 303, 311-12 (Miss.1970) (citing Alexander v. State, 251 Miss. 847, 171 So.2d 517 (1965); Bond v. State, 249 Miss. 352, 162 So.2d 510 ¶ 89. "As a general rule a trial judge should not hesitate to grant a cautionary instruction when the State is relying upon the tes......
  • Nicholson v. State, No. 57471
    • United States
    • United States State Supreme Court of Mississippi
    • March 16, 1988
    ...to resolve the conflict. Gandy v. State, 373 So.2d 1042, 1045 (Miss.1979); Shannon v. State, 321 So.2d 1, 2 (Miss.1975); Bond v. State, 249 Miss. 352, 356-57, 162 So.2d 510, 512 (1964). The jury's findings will not be disturbed by this Court unless the verdict is so contrary to the overwhel......
  • Clemons v. State, No. DP-83
    • United States
    • United States State Supreme Court of Mississippi
    • November 30, 1988
    ...the State and part of that for the accused. In other words, the credibility of witnesses is not for the reviewing court. Bond v. State, 249 Miss. 352, 162 So.2d 510 (1964). It was the function of the jury to pass upon the credibility of the witnesses and to resolve the issues. Since there w......
  • Evans v. State, No. 93-DP-01173-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • September 11, 1997
    ...twenty-five months. ¶ 293. This Court has repeatedly emphasized our role when confronted with conflicting testimony. In Bond v. State, 249 Miss. 352, 162 So.2d 510 (1964), this Court It is the function of the jury to pass upon the credibility of the evidence. Scott v. State, 185 Miss. 454, ......
  • Request a trial to view additional results
41 cases
  • Burns v. State, No. 96-DP-01088-SCT.
    • United States
    • Mississippi Supreme Court
    • November 19, 1998
    ...Wilson v. State, 234 So.2d 303, 311-12 (Miss.1970) (citing Alexander v. State, 251 Miss. 847, 171 So.2d 517 (1965); Bond v. State, 249 Miss. 352, 162 So.2d 510 ¶ 89. "As a general rule a trial judge should not hesitate to grant a cautionary instruction when the State is relying upon the tes......
  • Nicholson v. State, No. 57471
    • United States
    • United States State Supreme Court of Mississippi
    • March 16, 1988
    ...to resolve the conflict. Gandy v. State, 373 So.2d 1042, 1045 (Miss.1979); Shannon v. State, 321 So.2d 1, 2 (Miss.1975); Bond v. State, 249 Miss. 352, 356-57, 162 So.2d 510, 512 (1964). The jury's findings will not be disturbed by this Court unless the verdict is so contrary to the overwhel......
  • Clemons v. State, No. DP-83
    • United States
    • United States State Supreme Court of Mississippi
    • November 30, 1988
    ...the State and part of that for the accused. In other words, the credibility of witnesses is not for the reviewing court. Bond v. State, 249 Miss. 352, 162 So.2d 510 (1964). It was the function of the jury to pass upon the credibility of the witnesses and to resolve the issues. Since there w......
  • Evans v. State, No. 93-DP-01173-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • September 11, 1997
    ...twenty-five months. ¶ 293. This Court has repeatedly emphasized our role when confronted with conflicting testimony. In Bond v. State, 249 Miss. 352, 162 So.2d 510 (1964), this Court It is the function of the jury to pass upon the credibility of the evidence. Scott v. State, 185 Miss. 454, ......
  • Request a trial to view additional results

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