Goldsby v. State, 41547
| Decision Date | 17 April 1961 |
| Docket Number | No. 41547,41547 |
| Parties | Robert Lee GOLDSBY v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Appeal from Circuit Court, Hinds County; Leon F. Hendrick, Judge.
George N. Leighton, Chicago, Ill., for appellant.
Joe T. Patterson, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty. Gen., for appellee.
On September 4, 1954, the appellant, Robert Lee Goldsby, killed and murdered Mrs. Moselle McCorkle Nelms near Vaiden in Carroll County, Mississippi. He was indicted, tried and convicted for the said crime and given the death sentence. On appeal to this Court the verdict and judgment of the Circuit Court of Carroll County was affirmed on March 28, 1955. Goldsby v. State, 226 Miss. 1, 78 So.2d 762. Certiorari was denied by the United States Supreme Court as shown in 350 U.S. 925, 76 S.Ct. 216, 100 L.Ed. 809. Thereafter a new date for the execution of the death sentence was set for February 24, 1956. 226 Miss. 19, 84 So.2d 528.
Thereafter on February 21, 1956, the appellant Goldsby filed in this Court a petition for a writ of error coram nobis, or, in the alternative, habeas corpus, asserting newly discovered evidence and for the first time raising the point of the systematic exclusion of Negroes from jury service. This petition was denied, 226 Miss. 20, 86 So.2d 27, and thereafter certiorari was denied by the Supreme Court of the United States. 352 U.S. 944, 77 S.Ct. 266, 1 L.Ed.2d 239. Thereafter we set a new date for the execution of the death sentence for March 23, 1956. After certain dilatory proceedings which prevented the execution of the death sentence as set for March 23, 1956, we found it necessary to fix another date for the execution on February 12, 1957. 226 Miss. 30, 91 So.2d 750.
On January 29, 1957, the appellant Goldsby filed a petition for a writ of habeas corpus in the United States District Court for the Northern District of Mississippi at Greenville, Mississippi. The petition was denied by the district judge as being insufficient on its face, and thereafter on February 11, 1957, the Chief Justice of the United States granted another stay of execution until the prisoner 'has had an opportunity to exchaust his federal rights in this proceeding.'
Thereafter further proceedings were had in the federal courts and the case was finally decided by the United States Court of Appeals, Fifth Circuit as the case of United States ex rel. Goldsby v. Harpole, 1957, 249 F.2d 417, and certiorari from the decision of the Fifth Circuit was denied by the United States Supreme Court. 361 U.S. 850, 80 S.Ct. 109, 4 L.Ed.2d 89. After certain further delays for which the Supreme Court of Mississippi was in no manner responsible, the appellant Goldsby had to be tried again in one of the circuit court districts of Mississippi, and thereafter upon a change of venue to Hinds County, the case was again tried and resulted again in the imposition of...
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