Cromeans v. State, No. 46785

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtBRADY; GILLESPIE
Citation261 So.2d 453
PartiesEugene CROMEANS v. STATE of Mississippi.
Docket NumberNo. 46785
Decision Date17 April 1972

Page 453

261 So.2d 453
Eugene CROMEANS
v.
STATE of Mississippi.
No. 46785.
Supreme Court of Mississippi.
April 17, 1972.
Rehearing Denied may 8, 1972.

Page 454

Jimmy D. Shelton, Billy W. Shelton, Tupelo, for appellant.

A. F. Summer, Atty. Gen., by James W. Haddock, Sp. Asst. Atty. Gen., Jackson, for appellee.

BRADY, Justice:

This is an appeal from the Circuit Court of Lee County, Mississippi, wherein the appellant, Eugene Cromeans, was tried and found guilty of murder and was sentenced to life imprisonment in the state penitentiary. From that verdict and judgment, the appellant appeals.

There is great conflict in the testimony of witnesses in this case and the following is but a short statement of what occurred on the night of March 13, 1970. On that date, sometime between 10:00 and 10:30 p.m., the appellant drove his automobile into the driveway and near the house of the deceased, Elbert Franks. In the automobile with the appellant were a Mr. Clippard and Nelson Franks, one of Mr. Elbert Franks' sons. It is apparent from the record that all three men had been drinking, though to what extent is in conflict. It is admitted, however, that both wine and beer had been consumed by these individuals prior to their arrival at the home of the deceased.

Upon stopping in the driveway, the appellant got out of his automobile and immediately entered the home of Elbert Franks. There is conflict as to whether the appellant merely opened the door and entered the house or whether he kicked and hammered at the door demanding to be let in. Nelson Franks, who was in the automobile with the appellant, got out of that car and entered a parked automobile belonging to one Billy Wayne Lyles. In the automobile with Billy Wayne Lyles was a Miss Magdaline Smith; on the back seat at the time was another son of the deceased, Richard Franks. Richard Franks was approximately twenty-six years old and Nelson Franks was twenty. During the time they were in the Lyles automobile, they heard loud voices coming from within the house. In the house at that time were Mrs. Elbert Franks, wife of the deceased, Mr. Elbert Franks, the deceased, who was on the bed, and Tommy Cromeans, the son of the appellant, who was spending the night there and was in bed in a back room of the house.

The record reveals that a violent argument arose between the appellant and Mrs. Franks. The appellant was in the house a very short period of time when numerous witnesses saw him leave the house and reenter his car. There is testimony that the appellant dared Mrs. Franks to follow him. She followed him out of the house and she in turn was followed by Tommy Cromeans. Mrs. Franks carried a stick or a toy gun barrel or a vacuum cleaner hose in her hand. Appellant asserts that she struck his car with the object. There is testimony that the appellant told her not to hit his car. She struck his car, and Mrs. Franks' testimony is corroborated that he thereupon struck her, knocking her to the ground and kicking her. She testified that he then said: 'Die you bitch, die, bitch, like your husband is going to do.' Appellant contends that he never struck her, that he merely attempted to grab the object away from her. The record discloses that Nelson Franks ran to the house calling his father and telling him that the appellant had beaten his mother. Richard Franks tried to assist his mother in getting up off of the ground, and when doing so she cried out: 'Kill them, kill them, he hit me.'

After this violent confrontation between the appellant and Mrs. Franks, the appellant got in his car and backed it down to the blacktop road, some one hundred and

Page 455

twenty feet from the Franks' home. His son Tommy was already seated on the back seat of the automobile, and Mr. Clippard was seated on the front seat. The testimony is very contradictory as to exactly what was stated and what occurred at that time. It is the contention of the appellant that Mr. Elbert Franks called to him: 'Wait a minute' or 'Hold it.' On the other hand, witnesses for the state testified that the appellant stopped the car and yelled to Mr. Franks to get 'his little dried-up _ _ out there.' It is apparent from the record that Mr. Elbert Franks ran out of the house with a pocker in one hand, and that he picked up a stick of firewood in his other hand, and ran toward the appellant's car. Nelson Franks admits that he picked up a crowbar and went toward the appellant's car. The record reveals that Mr. Franks struck the appellant's automobile one or more times. The state's witnesses, Richard Franks, Mrs. Elbert Franks, Nelson Franks and Billy Wayne Lyles, testified that the appellant got out of his automobile and either took the stick of wood away from Mr. Franks and struck him with it or picked it up off the ground and struck Mr. Franks. In addition, he struck Mr. Franks numerous...

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14 practice notes
  • Kolberg v. State, No. 2000-KA-00786-SCT.
    • United States
    • Mississippi Supreme Court
    • August 29, 2002
    ...unless it is clearly a result of prejudice, bias or fraud, or is manifestly against the weight of credible evidence. Cromeans v. State, 261 So.2d 453 (Miss.1972); Marr v. State, 248 Miss. 281, 159 So.2d 167 (1963); and Freeman v. State, 228 Miss. 687, 89 So.2d 716 Kolberg I, 704 So.2d at 13......
  • Watts v. State, No. 96-DP-01030-SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • January 28, 1999
    ...unless it is clearly a result of prejudice, bias or fraud, or is manifestly against the weight of credible evidence. Cromeans v. State, 261 So.2d 453 (Miss.1972); Marr v. State, 248 Miss. 281, 159 So.2d 167 (1963); and Freeman v. State, supra [228 Miss. 687, 89 So.2d 716 Id. at 1311(quoting......
  • Kolberg v. State, No. 93-DP-00825-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • December 8, 1997
    ...unless it is clearly a result of prejudice, bias or fraud, or is manifestly against the weight of credible evidence. Cromeans v. State, 261 So.2d 453 (Miss.1972); Marr v. State, 248 Miss. 281, 159 So.2d 167 (1963); and Freeman v. State, supra [228 Miss. 687, 89 So.2d 716 Maiben, 405 So.2d a......
  • Campbell v. State, No. 47326
    • United States
    • United States State Supreme Court of Mississippi
    • May 21, 1973
    ...but could give his testimony such weight and worth as was warranted in the light of all the evidence presented. See, Cromeans v. State, 261 So.2d 453, 457 (Miss.1972), and authority cited We are of the opinion that the jury had ample evidence before it upon which to base its verdict and tha......
  • Request a trial to view additional results
14 cases
  • Kolberg v. State, No. 2000-KA-00786-SCT.
    • United States
    • Mississippi Supreme Court
    • August 29, 2002
    ...unless it is clearly a result of prejudice, bias or fraud, or is manifestly against the weight of credible evidence. Cromeans v. State, 261 So.2d 453 (Miss.1972); Marr v. State, 248 Miss. 281, 159 So.2d 167 (1963); and Freeman v. State, 228 Miss. 687, 89 So.2d 716 Kolberg I, 704 So.2d at 13......
  • Watts v. State, No. 96-DP-01030-SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • January 28, 1999
    ...unless it is clearly a result of prejudice, bias or fraud, or is manifestly against the weight of credible evidence. Cromeans v. State, 261 So.2d 453 (Miss.1972); Marr v. State, 248 Miss. 281, 159 So.2d 167 (1963); and Freeman v. State, supra [228 Miss. 687, 89 So.2d 716 Id. at 1311(quoting......
  • Kolberg v. State, No. 93-DP-00825-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • December 8, 1997
    ...unless it is clearly a result of prejudice, bias or fraud, or is manifestly against the weight of credible evidence. Cromeans v. State, 261 So.2d 453 (Miss.1972); Marr v. State, 248 Miss. 281, 159 So.2d 167 (1963); and Freeman v. State, supra [228 Miss. 687, 89 So.2d 716 Maiben, 405 So.2d a......
  • Campbell v. State, No. 47326
    • United States
    • United States State Supreme Court of Mississippi
    • May 21, 1973
    ...but could give his testimony such weight and worth as was warranted in the light of all the evidence presented. See, Cromeans v. State, 261 So.2d 453, 457 (Miss.1972), and authority cited We are of the opinion that the jury had ample evidence before it upon which to base its verdict and tha......
  • Request a trial to view additional results

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