Dean v. State, No. 41058

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtMcGEHEE
Citation106 So.2d 501,234 Miss. 376
PartiesAllen DEAN, Jr. v. STATE of Mississippi.
Docket NumberNo. 41058
Decision Date17 November 1958

Page 501

106 So.2d 501
234 Miss. 376
Allen DEAN, Jr.
v.
STATE of Mississippi.
No. 41058.
Supreme Court of Mississippi.
Nov. 17, 1958.

[234 MISS 377] Ronald C. Brown, Laurel, for appellant.

Page 502

Joe T. Patterson, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty. Gen., for appellee.

McGEHEE, Chief Justice.

In this case the appellant, Allen Dean, Jr., a Negro man about 23 years of age followed Bernice Pugh from a cafe to her home at 413 Van Buren Street in Laurel, Mississippi, where she lived with her three children, Edward Lawrence Pugh, age 4 years, Shirley Ann Hayes, age 18 months, and Bobbie Ann Hayes, age 7 months. It seems that her husband, Bernard Hayes, lived at Taylorsville, a town about 15 or 20 miles from Laurel. He was, therefore, not at home on the occasion in question.

Since the appellant assigns as error and seeks a reversal of his conviction for the murder of Shirley Ann Hayes, a Negro child, on the grounds, (a) that the trial court refused to allow him to have a psychiatric examination at the Mississippi State Hospital at Whitfield, Mississippi, a distance of nearly 100 miles from Laurel, (b) [234 MISS 379] the overruling of appellant's motion for a continuance of the case for the term, (c) the overruling of the appellant's motion to quash the regular and special venires, (d) the admission of testimony as to the appellant's confession of the crime before any proof was made by the State as to the corpus delicti, (e) the admission of the testimony of Dr. Earl McRae as to the sanity of the accused, and (f) the overruling of his motion for a new trial, it is altogether essential that we relate the facts sufficiently to show that the State had established sufficient facts and circumstances to prove the corpus delicti, when considered in connection with the fact of the subsequent confession before any proof was offered as to the confession.

As heretofore stated, the appellant followed Bernice Pugh, the mother of Shirley Ann Hayes, to their home where the three children were in bed asleep; that she threatened to 'call the law' if he didn't leave her premises and go on home; that the appellant had never been to or in her home prior to that occasion, and that she had only a speaking acquaintance with him; that the appellant went 'on up the alley' and that she then began to prepare for bed; that upon hearing the loud barking of a dog at her window, and between her house and a vacant house next door, she looked out and saw the appellant peeping in her window, immediately after he left to go on up the alley; that she thereupon inquired of him as to what he was doing hanging around her house and that he told her: 'You know what I want;' that she then, after threatening to call the law, thought he had left, and then returned to the bedroom and undressed for bed except as to an underslip, and that she then put on her top coat and went out to get a bucket of water; that while returning she met the appellant; that they engaged in a struggle and that he almost tore off all her clothes, that she then ran into the house through the front door and latched the screen and that he then went to the back [234 MISS 380] door and demanded admission; that she refused to open the door and that he then kicked it open and came on into the house; that she then ran to the home of Ellery Smith and his wife, Irene, asking them for help; that it was then nearly 12 o'clock at night; that Ellery Smith was asleep when she first arrived; that Ellery ordered the appellant away from his house and demanded that he quit cursing and using the vile epithets toward Bernice Pugh; that Ellery Smith ordered the appellant to leave his home when he was insisting that Bernice Pugh come outside to where he was; that she, Bernice Pugh, tried to go out the back door of the Ellery Smith home but was headed off by the appellant and that she then ran out at the front door and left; that she went from there to the home of R. A. Boyd who lived at 412 Van Buren Street where his daughter, Bonnie Mae Flowers, was residing with him; that they both heard her insisting that the appellant, who had followed her to the Boyd house, should leave her premises, which

Page 503

was next door to the Boyd house; that R. A. Boyd advised the witness to report him to the police; that she told the appellant that she was going to report him to the police if he didn't leave and that he thereupon told her that if she was going to get the officers 'she had better bring more than one'; and that she then went to 'Nick's Cafe', called the police and returned to her home upon the assurance of the officers that they would come immediately; that two policemen, Messrs. Landrum and Ellzey, arrived at her home and that by that time she had discovered that Shirley Ann Hayes was missing from her bed.

The two officers thereupon began a thorough search for the missing child, went to the home of the appellant, looking for him since the little four-year boy, Lawrence Pugh, had told the officers that the appellant had carried...

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5 practice notes
  • King v. State, No. 43225
    • United States
    • United States State Supreme Court of Mississippi
    • 16 Noviembre 1964
    ...required to be tried during the term in which the indictment is returned, unless good cause is shown to the contrary. See Dean v. State, 234 Miss. 376, 106 So.2d 501 (1958); Mississippi Code Annotated section 2518 The last line in Mississippi Annotated Code section 1520 (1942) is as follows......
  • Wells v. State, No. 47626
    • United States
    • United States State Supreme Court of Mississippi
    • 21 Enero 1974
    ...shall not be grounds for a reversal unless the Supreme Court shall be satisfied that injustice resulted therefrom. Dean v. State, 234 Miss. 376, 106 So.2d 501 (1958). However the problem here is that the continuance was granted and the defendant has not cited any case nor are we able to fin......
  • Rush v. State, No. 43295
    • United States
    • United States State Supreme Court of Mississippi
    • 24 Enero 1966
    ...this statute when a motion for continuance has been filed. Some of the cases reflecting our admonition in this regard are Dean v. State, 234 Miss. 376, 106 So.2d 501 (1958); Bone v. State, 207 Miss. 20, 41 So.2d 347 (1949); Ogden v. State, 174 Miss. 119, 164 So. 6 (1935); Ware v. State, 133......
  • Saucier v. State, No. 46703
    • United States
    • United States State Supreme Court of Mississippi
    • 13 Marzo 1972
    ...reference to filing the proper affidavit; therefore, for that reason, among others, the motion was properly overruled. Dean v. State, 234 Miss. 376, 106 So.2d 501 Appellant argues, however, that he was not given a speedy trial because the State of Mississippi did not obtain his release from......
  • Request a trial to view additional results
5 cases
  • King v. State, No. 43225
    • United States
    • United States State Supreme Court of Mississippi
    • 16 Noviembre 1964
    ...required to be tried during the term in which the indictment is returned, unless good cause is shown to the contrary. See Dean v. State, 234 Miss. 376, 106 So.2d 501 (1958); Mississippi Code Annotated section 2518 The last line in Mississippi Annotated Code section 1520 (1942) is as follows......
  • Wells v. State, No. 47626
    • United States
    • United States State Supreme Court of Mississippi
    • 21 Enero 1974
    ...shall not be grounds for a reversal unless the Supreme Court shall be satisfied that injustice resulted therefrom. Dean v. State, 234 Miss. 376, 106 So.2d 501 (1958). However the problem here is that the continuance was granted and the defendant has not cited any case nor are we able to fin......
  • Rush v. State, No. 43295
    • United States
    • United States State Supreme Court of Mississippi
    • 24 Enero 1966
    ...this statute when a motion for continuance has been filed. Some of the cases reflecting our admonition in this regard are Dean v. State, 234 Miss. 376, 106 So.2d 501 (1958); Bone v. State, 207 Miss. 20, 41 So.2d 347 (1949); Ogden v. State, 174 Miss. 119, 164 So. 6 (1935); Ware v. State, 133......
  • Saucier v. State, No. 46703
    • United States
    • United States State Supreme Court of Mississippi
    • 13 Marzo 1972
    ...reference to filing the proper affidavit; therefore, for that reason, among others, the motion was properly overruled. Dean v. State, 234 Miss. 376, 106 So.2d 501 Appellant argues, however, that he was not given a speedy trial because the State of Mississippi did not obtain his release from......
  • Request a trial to view additional results

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