Curry v. State, No. 48859
| Court | Mississippi Supreme Court |
| Writing for the Court | PATTERSON; GILLESPIE |
| Citation | 328 So.2d 328 |
| Decision Date | 16 March 1976 |
| Docket Number | No. 48859 |
| Parties | Bernard CURRY v. STATE of Mississippi. |
Page 328
v.
STATE of Mississippi.
Joseph H. Benvenutti, Bay St. Louis, for appellant.
A. F. Summer, Atty. Gen., by Ben H. Walley, Asst. Atty. Gen., Jackson, for appellee.
Before PATTERSON, P.J., and ROBERTSON and SUGG, JJ.
PATTERSON, Presiding Justice:
Bernard Curry was tried and convicted in the Circuit Court of Hancock County for murder. From this conviction and sentence to life in the state penitentiary he appeals. We affirm.
Forrest Summers was shot and killed in his grocery store in Pearlington, Mississippi, at 8:30 a.m. on August 31, 1973. The shot was fired in an attempted robbery by a man who wore a mask. None of the witnesses could identify the face of the murderer who escaped after the killing.
Mrs. Eldora Summers, wife of Forrest Summers, testified that the afternoon before her husband was shot a man whom she later identified as Bernard Curry came into the store. She also testified that the man who ran out of the store after the shooting had the same build and height as Bernard Curry.
Page 329
Two witnesses placed Curry in Slidell, Louisiana, not too far distant from Pearlington, at 7:30 a.m. on August 31, 1973. At that time he occupied a car with Alfred Thomas who was later named an accomplice by Curry in his confession of the crime.
On January 22, 1974, Willie Lee, a part-time deputy sheriff of Hancock County, was transporting a truckload of junk-scrap to New Orleans, Louisiana, for sale. At the Louisiana-Mississippi border he stopped his truck and picked up a hitchhiker who later introduced himself as 'Wild Man Curry.' Curry told Lee that he was 'hot' and that he had 'knocked a guy off.'
He accompanied Lee into the city of New Orleans where the two made arrangements to meet about an hour later in a junkyard where Curry had requested to be taken.
During the trip Deputy Lee recalled Summers' death by gunshot some several months before. As soon as Curry departed the truck, Lee hastened to a phone and called the Sheriff's Office in Hancock County and they notified the Police Department of the City of New Orleans of Curry's presence. Four police officers of the city thereafter arrested Curry as a felony fugitive from the State of Mississippi.
Curry was informed of his Miranda rights at the time of the arrest and later driven to the New Orleans Police Station. There he signed a waiver of his constitutional rights and told the officers that he and Alfred Thomas had met early on the morning of August 31 and had driven to Pearlington, Mississippi. He told them that he had walked into the Summers store, drawn a .38-caliber revolver, and shot Summers when the latter advanced on him during the robbery....
To continue reading
Request your trial
-
McFee v. State, No. 55947
...to abuse or vilify the defendant in his arguments before the jury, thereby appealing to its passion or prejudice. Curry v. State, 328 So.2d 328, 330 (Miss.1976); Stewart v. State, 263 So.2d 754, 758-59 (Miss.1972), Craft v. State, 226 Miss. 426, 434, 84 So.2d 531, 534-35 (1956). Yet, consis......
-
Turner v. State, No. 97-KA-00605-SCT.
...to abuse or vilify the defendant in his arguments before the jury, thereby appealing to its passion or prejudice. Curry v. State, 328 So.2d 328, 330 (Miss.1976); Stewart v. State, 263 So.2d 754, 758-59 (Miss.1972); Craft v. State, 226 Miss. 426, 434, 84 So.2d 531, 534-35 (1956). Yet, consis......
-
Groseclose v. State, No. 53894
...trial judge's discretion. Hogan v. State, 366 So.2d 1089 (Miss.1979). Bruce v. State, 349 So.2d 1068, 1071 (Miss.1977); Curry v. State, 328 So.2d 328, 330 (Miss.1976); May v. State, 199 So.2d 635, 640 (Miss.1967). We decline to disturb the trial judge's Groseclose next complains of the tria......
-
Booker v. State, No. 54696
...evidence supporting his decision, it will not be overturned. See Harrigill v. State, 381 So.2d 619 (Miss.1980); Curry v. State, 328 So.2d 328 (Miss.1976); Clemons v. State, 316 So.2d 252 (Miss.1975). We are unable to say that the trial court's ruling was contrary to the evidence. Accordingl......
-
McFee v. State, No. 55947
...to abuse or vilify the defendant in his arguments before the jury, thereby appealing to its passion or prejudice. Curry v. State, 328 So.2d 328, 330 (Miss.1976); Stewart v. State, 263 So.2d 754, 758-59 (Miss.1972), Craft v. State, 226 Miss. 426, 434, 84 So.2d 531, 534-35 (1956). Yet, consis......
-
Turner v. State, No. 97-KA-00605-SCT.
...to abuse or vilify the defendant in his arguments before the jury, thereby appealing to its passion or prejudice. Curry v. State, 328 So.2d 328, 330 (Miss.1976); Stewart v. State, 263 So.2d 754, 758-59 (Miss.1972); Craft v. State, 226 Miss. 426, 434, 84 So.2d 531, 534-35 (1956). Yet, consis......
-
Groseclose v. State, No. 53894
...trial judge's discretion. Hogan v. State, 366 So.2d 1089 (Miss.1979). Bruce v. State, 349 So.2d 1068, 1071 (Miss.1977); Curry v. State, 328 So.2d 328, 330 (Miss.1976); May v. State, 199 So.2d 635, 640 (Miss.1967). We decline to disturb the trial judge's Groseclose next complains of the tria......
-
Booker v. State, No. 54696
...evidence supporting his decision, it will not be overturned. See Harrigill v. State, 381 So.2d 619 (Miss.1980); Curry v. State, 328 So.2d 328 (Miss.1976); Clemons v. State, 316 So.2d 252 (Miss.1975). We are unable to say that the trial court's ruling was contrary to the evidence. Accordingl......