Capler v. State

• Decision Date: 08 June 1970
• Docket Number: No. 45737,45737
• Citation: 237 So.2d 445
• Parties: Willie CAPLER v. STATE of Mississippi.
• Court: Mississippi Supreme Court

Page 445

237 So.2d 445

Willie CAPLER v. STATE of Mississippi.

No. 45737.

Supreme Court of Mississippi.

June 8, 1970.

Rehearing Denied July 2, 1970.

Fountain D. Dawson, Campbell, DeLong, Keady & Robertson, James L. Robertson, Greenville, for appellant.

A. F. Summer, Atty. Gen., by Guy N. Rogers, Asst. Atty. Gen., and Velia Ann Mayer, Sp. Asst. Atty. Gen., Jackson, for appellee.

SMITH, Justice.

Willie Capler was indicted for the murder of Idella Harris. Following a trial in the Circuit Court of Washington County, the jury returned an unqualified verdict of 'guilty as charged.' Accordingly, he was sentenced to suffer death in the manner prescribed by law. Mississippi Code 1942 Annotated section 2217 (1956). This appeal is from that conviction and sentence.

There is no substantial dispute in the evidence touching the circumstances of the homicide.

Capler and Idella Harris, although not married to each other, were living together. In the late evening of the day on which the homicide occurred, Capler, Idella Harris and the latter's daughter, had gone to a place called V & S Barbeque Pit. There they obtained a table and spent some time drinking beer and whiskey. No harsh or angry words were overheard at anytime during this interval, one witness having testified that they were 'laughing and joking.'

Sometime after 2:00 in the morning, Capler left the table and went outside to his automobile. His purpose in so doing does not appear in the record. Shortly afterward he returned to the front door. It is unclear from the evidence whether he then 'jerked' Idella Harris outside or whether she went with him voluntarily. In any event, both went outside the cafe. The daughter then also went outside. She testified that when she got outside, Capler told her mother to get in his automobile but told her, the daughter, that she could not get in. Some conversation ensued during which Capler, who already had a pistol in his hand, fired a shot at the daughter, who thereupon retreated into the cafe. Almost immediately, the sound of other shots was heard by those in the cafe. Those inside the cafe went out and found that Idella Harris had been shot and was lying on her back dead. Capler was seen driving rapidly away.

An autopsy revealed that the deceased had been shot 5 times, the fatal shot having severed the spinal cord.

Capler offered no defense save that of insanity. Prior to the trial, although a requested special venire already had been summoned, the court granted a defense request for a continuance so that a mental examination might be made of Capler. This examination was ordered and duly conducted by the medical and psychiatric staff of Mississippi State Hospital (for the insane). The result was that Capler was found to be without psychosis and mentally competent. Subsequently, after a jury had been selected but prior to Capler's trial, the court held a preliminary evidentiary hearing, out of the presence of the jury, for the purpose of determining Capler's mental condition and ability to stand trial. At this hearing one of the psychiatrists who had examined Capler, testified for the prosecution and said that, in his opinion, based on a psychological examination, which included psychiatric tests, neurological studies, electroencephalogram, skull films and lab work, there was no evidence of psychotic thinking or behavior on the part of Capler; that he could understand the nature of the charges against him; and that he could intelligently confer with his attorney and aid in his own defense. Skull x-rays had been normal, although it was contended in Capler's behalf that he had suffered several head injuries which had affected his sanity. Capler's intelligence quotient was 88, which was within the 'dull-normal' range.

Capler's mother and employer testified in his behalf touching his mental competency to stand trial.

Upon evidence presented the trial court was fully justified in concluding that Capler was mentally competent to stand trial and able to intelligently consult with his attorney and to understand the nature of the charge upon which he was being tried.

In the trial itself, these same witnesses (his mother and employer) testified in support of Capler's defense of not guilty by reason of insanity. They gave much the same testimony as they had previously given at the preliminary hearing. To state the matter most favorably to appellant, this testimony again was opposed by cogent testimony offered by the prosecution which strongly tended to establish Capler's sanity, and that he had known the difference between right and wrong. Thus an issue of fact was created which the jury resolved against Capler in returning its verdict of guilty as charged. This verdict was not against the weight of the evidence but was amply supported by it.

Counsel for appellant assign a number of matters as having constituted prejudicial error, requiring reversal of Capler's conviction.

Most of these are the same or similar to contentions which have been made and rejected in former cases. Here, however, they are argued with 'conspicuous ability.'

The contention is made that the jury was not representative of a true 'cross section' of Washington County. This argument rests largely upon two facts, (1) Mississippi Code 1942 Annotated section 1764 (1956) exempts persons in certain categories from being required to serve as jurors, and (2) jurors were drawn in equal numbers from the 5 supervisors districts although such districts were unequal in population. To support this proposition, appellant relies on decisions of the United States Supreme Court dealing respectively, with the systematic exclusion from juries of negroes, laborers, wage earners and women. In Pendergraft v. State, 213 So.2d 560 (Miss.1968) this Court dealt with the 'women juror' question. Citing State v. Hall, 187 So.2d 861 (Miss.1966), it was said:

(T)hat the power to prescribe the qualifications for jurors is in the legislature and it has the power to make reasonable classifications. The 1968 Mississippi Legislature, we note, has exercised its prerogative and has recently enacted a law permitting women to serve on grand and petit juries.

We do not consider the exemptions set forth in this statute unreasonable or discriminatory, nor was appellant's right to a fair trial prejudiced thereby.

The second facet of the proposition, that jurors were drawn in equal numbers from each district, although the districts were not equal in population, is analogous to the question disposed of in Armstrong v. State, 214 So.2d 589 (Miss.1968). This Court held:

The mere fact that there are more jurymen summoned from one supervisor's district than another does not, taken alone, indicate an unfair method of jury selection. § 1766, Miss. Code 1942 Ann. (Supp.1966); * * *.

Moreover, the statutory method of selecting jurors is directory, not mandatory, and unless it is shown that the method used was fraudulent or such a radical departure from the method prescribed by the statute as to be unfair to the defendant or to prevent due process of law, this Court will not reverse. Boyd v. State, 204 So.2d 165 (Miss.1967); Ladner v. State, 197 So.2d 257 (Miss.1967); Wiggins v. State, 224 Miss. 414, 80 So.2d 17 (1955).

No prejudice to Capler's rights is shown to have resulted from the method employed in selecting the jury in this case. Actually, after he had obtained one special venire, his motion for a continuance was granted for the purpose of a requested psychiatric examination. Following this examination, a second special venire was drawn and it was from this second special venire that the jurors who tried him were selected. Appellant cites Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968) as supporting his contention that it was error to permit the prosecution to excuse peremptorily 2 prospective jurors who, on their voir dire examination, had given equivocal answers regarding their attitude toward the imposition of capital punishment. Mississippi Code 1942 Annotated section 2520 (1956), allows to the prosecution as well as to the defendant in capital cases a limited number of peremptory challenges. These may be exercised until they are exhausted at the unrestricted discretion of each party without assigning any cause or reason. In addition, each party has the limitless right to challenge prospective jurors for good cause. Witherspoon dealt with a situation where the trial court had accepted as good cause for excusing prospective jurors, the fact that such jurors had expressed doubt as to their willingness to impose the death penalty under any circumstances. Witherspoon did not touch upon the question now raised. The effect of the proposition advanced by appellant would be to deprive the prosecution of its right to challenge jurors peremptorily (until its peremptory challenges were exhausted) for any reason whatever, including a doubt on the part of the prosecution that the juror would follow the law as to imposition of the death penalty. The defendant, of course, has the same number of peremptory challenges by means of which he may reject prospective jurors at his unrestricted discretion.

It is next argued that Mississippi Code 1942 Annotated section 2536 (1956) providing for the mandatory imposition of the death penalty upon an unqualified jury verdict of guilty in a murder case is unconstitutional. It is argued that its unconstitutionality consists in the fact that one convicted of murder shall suffer death, unless the jury, in its 'unguided and unrestricted discretion,' shall see fit to mitigate the sentence by fixing the punishment at life imprisonment, or it may, in case of disagreement as to the punishment, certify that fact to the court, in which event the sentence shall be life imprisonment.

Appellant relies for support of the above contention upon Maxwell v. Bishop, 398 F.2d 138 (8th Cir. 1968) certiorari granted 393 U.S. 997, 89 S.Ct. 488, 21 L.Ed.2d...