Freeman v. State, No. 40040

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtKYLE
Citation228 Miss. 687,89 So.2d 716
Docket NumberNo. 40040
Decision Date08 October 1956
PartiesLincoln (Link) FREEMAN v. STATE.

Page 716

89 So.2d 716
228 Miss. 687
Lincoln (Link) FREEMAN
v.
STATE.
No. 40040.
Supreme Court of Mississippi.
Oct. 8, 1956.

[228 MISS 688] John Farese, Ashland, for appellant.

[228 MISS 689] Joe T. Patterson, Atty. Gen., by J. R. Griffin, Asst. Atty. Gen., for appellee.

KYLE, Justice.

The appellant, Lincoln Freeman, was tried and convicted at the August 1955 Term of the Circuit Court of Marshall County on a charge of murder in the killing of O. T. Holt, and was sentenced by the court to imprisonment in the state penitentiary for the term of his natural life. From that judgment he prosecutes this appeal.

The killing occurred sometime after midnight on July 24, 1954, at a picnic for members of the colored race on the Levi Bell farm, a few miles northwest of the City of Holly Springs. The picnic was attended by several hundred members of the colored race. The record does not show whether the moon was shining or not. But the

Page 717

grounds were illuminated by torches placed in the heads of jugs.

It appears from the testimony of the State's witnesses that the appellant, accompanied by Douglas Burton, Almerth Cowan and Ora Mae Warren left Holly Springs about 8:00 o'clock p. m. to drive to the picnic. As they were leaving town he stopped his car in front of the Ford place and picked up O. T. Holt, who had asked permission[228 MISS 690] to go to the picnic with him and the other members of his party. The appellant arrived at the picnic grounds about 9:00 o'clock p. m., and parked his car near the entrance to the picnic grounds. O. T. Holt then handed to the appellant a bag of money and a paper sack and asked that the packages be placed in the glove compartment of the car. The appellant placed the packages in the glove compartment and locked the car. The members of the party then separated. Sometime after midnight, the members of the party reassembled near the parked car preparatory to departing for their homes,--all except O. T., who was not with them. The appellant went back into the picnic grounds to look for O. T. and found him in a dice game at the foot of a hill a considerable distance from the place where the car was parked. O. T. appeared to be winning. The appellant tapped him on the shoulder and said to him, 'Let's go.' O. T. told the appellant to wait a minute until he 'dropped off the dice,' and O. T. gave the appellant a dollar bill which he tore into two pieces to hold for him. He then rolled the dice again and gave the appellant a ten-dollar bill and a five-dollar bill. Finally, O. T. 'fell off' and stated that he was ready to go. A few minutes after Holt and the appellant left the dice game several shots were fired; there were cries for help; and O. T.'s body was found lying in a puddle of blood only a short distance from the place where the dice games were being played.

The body was picked up a short time thereafter by a local undertaker, who testified that the deceased had been shot in the chest and was dead when he arrived at the scene of the killing. The bullet had entered the right chest and had come out about the backbone.

The appellant was arrested a few hours after the shooting and was questioned by Asa Holbrook, night watchman and marshal of the City of Holly Springs, in the presence of the chief of police and the sheriff, and was again questioned by the sheriff, in the presence of the [228 MISS 691] county attorney, on July 26, in the back room of the sheriff's office. All of the above mentioned officers testified during the trial. The statements which the appellant made to the officers concerning his own movements during the night and the events which led up to the shooting were substantially the same as the statements which he made to the jury during the trial in the circuit court.

The State's proof consisted mainly of the testimony of Ora Mae Warren, Douglas Burton, Gus Tuggles and Mose Faulkner.

Ora Mae Warren testified that she went with the appellant to the picnic, and that Douglas Burton, Almerth King and O. T. Holt went with them in Link's car. After they got to the picnic grounds the members of the party separated. They met back at the merry-go-round sometime after mid-night--all except O. T., and Link asked them if they were ready to go home. They said they were ready and all went down to the roadside where the car was parked--all except O. T., who was not with them. Link asked where O. T. was and Ora Mae told him that O. T. had said that he was going to gamble. Link then said he would go back and get O. T. The other members of the party waited at the car. A few minutes later they heard someone say that O. T. had been shot. They then went back into the picnic grounds to find out about O. T. and met Link coming toward the car. Link said, 'Ora Mae, they tell me O. T. have been shot five times.' Ora Mae and Douglas and Link then walked down the hill to the place where the dice games were being played. Ora Mae found O. T.'s body lying on the ground not far from the dice game,

Page 718

and Ora Mae and Douglas walked over and looked at the body, but Link did not go with them. Ora Mae stated that on their way back to town Link said to her, 'Ora Mae, don't say anything about what I told you on the ground the second time, because I don't want to be involved, for I have a wife and family.' Ora Mae said to him, 'You didn't kill him, did you?' Link said, [228 MISS 692] 'No, I didn't see him.' Ora Mae stated that Link was wearing a white cap and a light blue tail-out shirt when they went to the picnic. On cross-examination Ora Mae stated that she and O. T. worked at the same place; and she stated that when they got to the picnic, Link unlocked the door of the glove compartment of the car and O. T. put a bag of money which belonged to the cafe where O. T. worked and also a paper sack, which O. T. said had some shorts in it, in the glove compartment, and Link locked the door of the car. When Link, Ora Mae and Douglas got back to town, after the killing, Link unlocked the glove compartment and handed the sacks which O. T. had left in the car pocket to Ora Mae. Ora Mae stated that she saw no gun at any time that night.

Douglas Burton's testimony was substantially the same as that of Ora Mae Warren.

Gus Tuggles testified that he was at the dice game when the appellant walked up to O. T. and touched him on the shoulder and said, 'Let's go.' O. T. said to the appellant, 'I'se gwine in a few minutes, when I fall off.' Finally, the appellant said to O. T., 'Fellar, I'se got to go', and O. T. said, 'All right, I'se gwine directly.' O. T. then tore a one-dollar bill in two and handed both pieces to the appellant and said, 'Keep this, I might lose it.' O. T. also handed the appellant a ten-dollar bill and a five-dollar bill. A few minutes later O. T. got up to leave, and as he was leaving he gave Gus Tuggles and Venus Alexander each a one-dollar bill. Tuggles stated that he then went up the hill to get something to eat. The appellant and O. T. appeared to be leaving the dice game about the same time. The appellant was wearing a white short sleeve shirt, with the tail worn outside, white...

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9 practice notes
  • Kolberg v. State, No. 2000-KA-00786-SCT.
    • United States
    • Mississippi Supreme Court
    • August 29, 2002
    ...evidence. Cromeans v. State, 261 So.2d 453 (Miss.1972); Marr v. State, 248 Miss. 281, 159 So.2d 167 (1963); and Freeman v. State, 228 Miss. 687, 89 So.2d 716 Kolberg I, 704 So.2d at 1311. The State correctly notes that on Kolberg's first appeal we held that the evidence was sufficient to su......
  • Watts v. State, No. 96-DP-01030-SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • January 28, 1999
    ...evidence. Cromeans v. State, 261 So.2d 453 (Miss.1972); Marr v. State, 248 Miss. 281, 159 So.2d 167 (1963); and Freeman v. State, supra [228 Miss. 687, 89 So.2d 716 Id. at 1311(quoting Maiben v. State, 405 So.2d 87, 88 (Miss.1981)). ¶ 43. Watts first calls into question the credibility of t......
  • Kolberg v. State, No. 93-DP-00825-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • December 8, 1997
    ...evidence. Cromeans v. State, 261 So.2d 453 (Miss.1972); Marr v. State, 248 Miss. 281, 159 So.2d 167 (1963); and Freeman v. State, supra [228 Miss. 687, 89 So.2d 716 Maiben, 405 So.2d at 88 (Miss.1981) (emphasis added). In the case sub judice, the weight of credible evidence supports the jur......
  • Wheeler v. State, No. DP-80
    • United States
    • United States State Supreme Court of Mississippi
    • December 14, 1988
    ...credible evidence. Cromeans v. State, 261 So.2d 453 (Miss.1972); Marr v. State, 248 Miss. 281, 159 So.2d 167 (1963); and Freeman v. State [228 Miss. 687, 89 So.2d 716 (1956) ] 405 So.2d at 88. In Spikes v. State, 302 So.2d 250 (Miss.1974), this Court held: On appeal, in this situation in pa......
  • Request a trial to view additional results
9 cases
  • Kolberg v. State, No. 2000-KA-00786-SCT.
    • United States
    • Mississippi Supreme Court
    • August 29, 2002
    ...evidence. Cromeans v. State, 261 So.2d 453 (Miss.1972); Marr v. State, 248 Miss. 281, 159 So.2d 167 (1963); and Freeman v. State, 228 Miss. 687, 89 So.2d 716 Kolberg I, 704 So.2d at 1311. The State correctly notes that on Kolberg's first appeal we held that the evidence was sufficient to su......
  • Watts v. State, No. 96-DP-01030-SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • January 28, 1999
    ...evidence. Cromeans v. State, 261 So.2d 453 (Miss.1972); Marr v. State, 248 Miss. 281, 159 So.2d 167 (1963); and Freeman v. State, supra [228 Miss. 687, 89 So.2d 716 Id. at 1311(quoting Maiben v. State, 405 So.2d 87, 88 (Miss.1981)). ¶ 43. Watts first calls into question the credibility of t......
  • Kolberg v. State, No. 93-DP-00825-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • December 8, 1997
    ...evidence. Cromeans v. State, 261 So.2d 453 (Miss.1972); Marr v. State, 248 Miss. 281, 159 So.2d 167 (1963); and Freeman v. State, supra [228 Miss. 687, 89 So.2d 716 Maiben, 405 So.2d at 88 (Miss.1981) (emphasis added). In the case sub judice, the weight of credible evidence supports the jur......
  • Wheeler v. State, No. DP-80
    • United States
    • United States State Supreme Court of Mississippi
    • December 14, 1988
    ...credible evidence. Cromeans v. State, 261 So.2d 453 (Miss.1972); Marr v. State, 248 Miss. 281, 159 So.2d 167 (1963); and Freeman v. State [228 Miss. 687, 89 So.2d 716 (1956) ] 405 So.2d at 88. In Spikes v. State, 302 So.2d 250 (Miss.1974), this Court held: On appeal, in this situation in pa......
  • Request a trial to view additional results

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