Entrekin v. State
| Decision Date | 20 November 1961 |
| Docket Number | No. 41897,41897 |
| Citation | 134 So.2d 926,242 Miss. 262 |
| Parties | Robert Carroll ENTREKIN and Raymond Bernard King v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Johnston & Wilson, Pascagoula, for appellant.
Joe T. Patterson, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty. Gen., for appellee.
Raymond Bernard King, whose conviction for the offense of robbery, along with that of his co-indictee, Robert Carroll Entrekin, was affirmed October 16, 1961, 133 So.2d 551, proceeding under Sec. 1992.5, Code of 1952, Rec., has filed an application for permission and authority to present to the trial court his motion for a new trial on the ground of newly discovered evidence. He attached to the application three separate sworn affidavits substantially to the following effect:
(1) Rodney Engbath, an inmate of the Veterans' Hospital in Biloxi, but out on a pass the night of October 29, 1960, says that he was in the Tide in Ocean Springs for several hours that evening, and that he remained there until midnight; that some stranger was talking to Red Spicer and that the two left and he did not see Spicer anymore that night; and that Ray King was not in the place during the time that deponent was there.
(2) Mrs. Jerry Parson was working as a waitress in the Tide that night. The restaurant was crowded. Red Spicer came into the place about 9:30, and, to the best of her recollection, he stayed there about one and a half hours, but she was not positive about it. She knows Ray King personally and always waits on him when he is served in the cafe, and is convinced that if he had come into the place that night, she would have seen him.
(3) Leon Lambert was serving as the deputy sheriff that night and says that the saw Red Spicer at Earl Bond's filling station; that he was in an intoxicated condition, claiming to have been robbed and beaten, but, in the deponent's opinion, he was more intoxicated than beaten; and that he made changes in his identity of the assailants, and indicated that he did not know who they were.
As to affidavit (1), the trial record shows that Spicer testified on the trial that King and Entrekin approached him in the Tide between 1:30 and 2 o'clock in the morning and invited him to go with them to Earl Bond's place, and that, on this trip, they robbed and beat him. Thus, the version set forth in this affidavit would not even conflict with Spicer's version as it was given from the witness stand.
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Hill, In re
...soon as reasonably practical after the discovery of the new evidence. 230 Miss. at 171, 172, 92 So.2d at 675, 676. In Entrekin v. State, 242 Miss. 262, 134 So.2d 926 (1961), an application for leave to present to the trial court a motion for a new trial on the ground of newly-discovered evi......
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Smith v. State, 42222
...226 Miss. 693, 85 So.2d 479; Wheeler v. State, 219 Miss. 129, 155, 63 So.2d 517, 70 So.2d 82, 68 So.2d 868 (1954); Entrekin v. State, 242 Miss. 262, 264, 134 So.2d 926, 133 So.2d 551 Lang v. State, 230 Miss. 147, 163, 170, 87 So.2d 265, 89 So.2d 837, 92 So.2d 670 (1956), amplified the remed......
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Hathorne v. State
...a reasonable probability, that if presented in a new trial, it would cause a jury to reach a different verdict." Entrekin v. State, 242 Miss. 262, 266, 134 So.2d 926, 927 (1961); see also Turner v. State, 673 So.2d 382 ¶ 43. The trial court erred in finding that the evidence was sufficient ......
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Gordon v. State
...to the questions raised by Gordon in this proceeding. To the same effect is Entrekin v. State, 242 Miss. 262, 133 So.2d 551, 134 So.2d 926 (1961) (denying It is undisputed that Gordon is the man who assaulted the prosecutrix. He admitted it in his testimony. At the time of the offense, Gord......