Dickerson v. State
| Decision Date | 08 December 1947 |
| Docket Number | 36651. |
| Citation | 32 So.2d 881,202 Miss. 804 |
| Court | Mississippi Supreme Court |
| Parties | DICKERSON v. STATE. |
John F. Frierson and W. H. Jolly, both of Columbus, for appellant.
Greek L. Rice, Atty. Gen., and R. O. Arrington Asst. Atty. Gen., for appellee.
Appellant herein called the defendant, was indicted for and convicted of murder and was sentenced to death. The crime was committed for the purpose of robbery, and was as cruel and cold-blooded as could well be imagined. The defendant's guilt was so conclusively proved as to leave him no possible avenue of escape so far as the facts were concerned.
He has assigned on his appeal three grounds for a reversal. None are maintainable but one of them calls for further mention. He offered to plead guilty and insisted that the plea be entered. The trial judge declined to accept it and ordered the entry of a plea of not guilty. Defendant says that the judge had no authority to do otherwise than to accept his plea as offered, since it was offered without reservation.
In some states the statutes permit pleas of guilty in capital cases and authorize the trial judge to impose the death penalty if upon an examination of the facts such a penalty is deserved. We have no such statute in this state. Rather, all our statutes in capital cases place the death sentence within the sole province of the jury, and no such sentence can be imposed by any judge unless he has the authority of the jury therefor. The defendant concedes that this is true.
If then, the trial judge were compelled to accept a plea of guilty in capital cases and could do no more than thereupon to pronounce sentence, as apparently the defendant contends it would put it in the power of any defendant to abolish capital punishment so far as he is concerned-- WOULD ENABLE HIM TO MAKE HIS OWN LAW IN THat respect. manifestly this cannot be permitted. A case in point is Green v. United States, 40 App.D.C. 426, 46 L.R.A.,N.S., 1117.
We do not say that the trial judge may not accept a plea of guilty in a capital case, but if he does so he must see to it first, that the plea is entirely voluntary and that the defendant fully realizes and is competent to know the consequences of such a plea, and second, a competent and impartial jury must be empanelled and the material circumstances of the crime must be placed before the jury with such fullness that the jury will be well advised on the...
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Myers v. State, 46626
...it played no part in the trial of appellant and in nowise affected, or contributed, to his conviction. In Dickerson v. State, 202 Miss. 804, 807-808, 32 So.2d 881, 882 (1947), the appellant also offered to plead guilty and insisted that his plea be entered. The trial court declined to accep......
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Irving v. State
...2217 an accused entering a plea of guilty to a charge of murder is not assured of not receiving the death penalty. Dickerson v. State, 202 Miss. 804, 32 So.2d 881 (1947) held that a trial judge cannot be compelled to accept a plea of guilty in a capital case and pronounce a sentence less th......
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Rouse v. State, 45059
...determine whether the punishment in a murder case shall be death or life imprisonment. In a dictum this Court said in Dickerson v. State, 202 Miss. 804, 32 So.2d 881 (1947) that a jury could assess punishment where guilt was determined by a plea of guilty. In Yates v. State, 251 Miss. 376, ......
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Yates v. Breazeale
...orders, however, the assessment of the punishment may be submitted to a jury even though the defendant pleads guilty, Dickerson v. State, 202 Miss. 804, 32 So.2d 881 (1947). In such instances the unanimous vote of all twelve jurors is, as above indicated, required for the infliction of the ......