Davis v. State, 48846
| Decision Date | 22 December 1975 |
| Docket Number | No. 48846,48846 |
| Citation | 323 So.2d 741 |
| Parties | Davey Jon DAVIS v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Stanford Young, Waynesboro, for appellant.
A. F. Summer, Atty. Gen., by John C. Ellis, Special Asst. Atty. Gen., Jackson, for appellee.
Before RODGERS, INZER and SMITH, JJ.
Davey Jon Davis was indicted, tried and convicted in the Circuit Court of Wayne County, Mississippi, for the crime of producing marijuana. He was sentenced to serve a term of four (4) years in the state penitentiary.
It is from this verdict and sentence that the appellant appeals to this Court alleging:
(1) The court erred in sentencing Davey Jon Davis, an eighteen-year-old boy, to Parchman for producing a controlled substance.
(2) The court erred in admitting the alleged confession of Davey Jon Davis.
(3) The search and seizure of the marijuana plants was not legal because they were not obtained on the premises.
The sheriff of Wayne County, Marvin Farrior, received information that the appellant was growing marijuana, and upon the reception of this information, on June 1, 1974, he drove by the appellant's home to see if there were any basis for the information or whether it was speculation. From the public road that ran by the appellant's house, Sheriff Farrior was able to observe certain plants growing in the yard which he recognized to be marijuana. He proceeded to the justice of the peace and secured a search warrant based upon his personal observation of the marijuana plants in the yard. The sheriff returned to the appellant's home, and the appellant's car was missing. Sheriff Farrior did not remain at the house; he notified one of his deputies to find Davey Jon Davis and bring him home.
The sheriff then decided to return to the house and conduct his search even though the appellant was not there. As he arrived this time, a pickup truck driven by a blond-headed boy was pulling off. The sheriff rushed to the spots where he had observed the marijuana plants and discovered they were no longer there. As the sheriff and his deputy were about to begin a search for the pickup and its driver, which the sheriff had observed leaving, the truck returned. Stopping the pickup, the officers discovered that the driver was Ronald Busby, a brother of Davey Jon Davis' wife. When asked about the marijuana plants growing in the yard, he admitted pulling them up and transporting them away from Davis' home, according to the instructions he had received from Davey Jon Davis which had been relayed by a telephone call from Davey Jon's wife. He took the sheriff's deputy to the spot where he had thrown the marijuana after leaving Davey Jon's home.
The appellant waived his rights and confessed to the crime of growing marijuana. In his confession, and evidenced by the testimony of Ronald Busby, the appellant admitted that he did instruct his wife to call her brother to pick up the 'marijuana plants and do away with them because the sheriff was coming out there.' This call was made...
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Burns v. State, 50088
...of Worthy. The resolution of 'substantial doubt' was applied favorably to Worthy because he was a true first offender. Davis v. State, 323 So.2d 741 (Miss.1975), says that the holding in Worthy does not preclude the trial judge in sentencing juvenile first offenders from utilizing other leg......