Clanton v. State
| Decision Date | 05 February 1962 |
| Docket Number | No. 42065,42065 |
| Citation | 137 So.2d 180,242 Miss. 734 |
| Parties | Tarel T. CLANTON v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Noel W. Buckley, Jackson, for appellant.
Joe T. Patterson, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty. Gen., for appellee.
Tarel T. Clanton was convicted of burglary in the Circuit Court of Holmes County; and, from the judgment, sentencing him to a term of five years in the state penitentiary, he appealed.
On the night of January 20, 1961, Presley Chevrolet Company in the Town of Pickens was burglarized. The next morning it was evident, after the investigation, that entrance had been made by prying open the front door. The safe had been cracked and opened. There were handles on both doors of the safe, and one of them had been broken off and was found on the floor. It was observed that the tool, which was used in prying off the handle, had left a mark on it.
Dewitt Simmons, Sheriff of Scott County, testified that, on the night of January 21, 1961, the Mercury place in the City of Forest was burglarized. A reputable citizen reported to him that he had seen a white 1957 2-door Plymouth car pull into the Mercury place that night, and later had seen it back out. The sheriff was trying to solve the burglary, and, on the night of January 23, he and the night marshal of the city were out on patrol. They were looking for a car of the description which they had obtained, and spotted one, which answered that description, parked in front of a cafe on the outskirts of Forest. They parked their car behind it and went into the cafe. They saw two strange men on the inside. After drinking a cup of coffee, they walked back to their car. In a few minutes, Clanton came out, looked in their direction, and started walking toward the motel. They intercepted him, asked for his identification, and inquired whose car that was in front of the cafe. Clanton hesitated, but finally showed them his driver's license which was in the name of Tarel T. Clanton. They asked if the car was his, and he said 'No'. They also asked him where he was from, and he said 'Vicksburg'. They then asked him how he got to Forest. Finally he said, 'I might as well tell you--that is my car, the white Plymouth.' Believing him to be guilty of the burglary of the Mercury place, they arrested him and immediately searched the car. In it they found quite a number of tools, including a large Stillson wrench, all kinds of glass and metal cutters, pliers, and wrenches, together with both acetylene and oxygen tanks. The sheriff detailed what they found in the search. He had also made a picture of the articles, and this was introduced in evidence.
The safe handle from the Presley Chevrolet Company's burglary and the Stillson wrench from the Clanton car were sent to the Louisiana State Police Crime Laboratory at Baton Rouge, Louisiana. An expert from that laboratory testified that the mark on the safe handle was made by the Stillson wrench which was taken from the Clanton car.
The appellant contends that his arrest and the search of his automobile by the Sheriff of Scott County was without probable cause and unlawful, and that it and the...
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McGarrh v. State
...of sanity and guilty intent were too closely tied together to permit a separation, or exclusion of one from the other. Clanton v. State, 242 Miss. 734, 137 So.2d 180, and authorities there cited. In addition, the rules as to the order of proof are to be enforced or relaxed by the court in t......
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Lee v. State
...gestae. 22A C.J.S. Criminal Law Secs. 683 through 689, pp. 741-791; 22A C.J.S. Criminal Law Secs. 663-665, pp. 674-680; Clanton v. State, 242 Miss. 734, 137 So.2d 180; Whittington v. State, 160 Miss. 705, 135 So. 190; Wilson v. State, Miss., 140 So.2d It appears to us that the evidence intr......
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Murphy v. State, 53967
...and believe the person proposed to be arrested committed the felony. McCollum v. State, 197 So.2d 252 (Miss.1967); Clanton v. State, 242 Miss. 734, 137 So.2d 180 (1962). Appellant contends that the testimony relating to his confession should have been suppressed because the statements were ......
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Payne v. State, 54904
...does have exceptions. See Younger v. State, 301 So.2d 300 (Miss.1974); Hosey v. State, 300 So.2d 453 (Miss.1974); Clanton v. State, 242 Miss. 734, 137 So.2d 180 (1962). However, it is not clear from this record whether or not this defendant was involved in the "Glen Rivers" incident. We don......