Hicks v. State, No. 50286

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtPATTERSON
Citation355 So.2d 679
Decision Date01 March 1978
Docket NumberNo. 50286
PartiesBooker HICKS, Jr. v. STATE of Mississippi.

Page 679

355 So.2d 679
Booker HICKS, Jr.
v.
STATE of Mississippi.
No. 50286.
Supreme Court of Mississippi.
March 1, 1978.

Page 680

Richard L. Yarbrough, Gulfport, for appellant.

A. F. Summer, Atty. Gen. by Marvin L. White, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, BROOM and BOWLING, JJ.

PATTERSON, Chief Justice, for the Court:

Booker Hicks, Jr. was convicted of the capital murder of James M. Bostick under the provision of Mississippi Code Annotated section 97-3-19(2)(e) (Supp.1974) and was sentenced to death. Because the case was tried before Jackson v. State, 337 So.2d 1242 (Miss.1976), his conviction and sentence must be reversed and the cause retried in accordance with its terms.

It is argued on appeal that the written confession of the appellant was erroneously admitted into evidence. The testimony of the state's witness, Criminal Investigator George Payne, gives rise to this argument because it is uncontradicted. He testified with regard to the confession in part as follows:

BY MR. YARBROUGH (Defense Attorney):

Q. You did call him a liar, didn't you?

A. Yes, sir, I called him a liar.

BY MR. NECAISE (District Attorney): Did you call him a liar or did you say he was lying?

A. I said that he was lying and had been lying to us.

Q. Said he better tell the truth.

BY MR. NECAISE: Did you tell him he'd better tell the truth?

A. Yes, sir. I told him it would be better if he told the truth.

MY MR. NECAISE: What did you tell him, now that it would be better to tell the truth or you better tell the truth?

A. I told him, sir, he was lying to us and it would be better if he would tell the truth. I told him the truth was better than lying.

BY MR. NECAISE: That's all. We don't have anything further.

This testimony, plus much additional evidence to the same effect, places grave doubt upon the voluntariness of the confession. See Miller v. State, 243 So.2d 558 (Miss.1971); Robinson v. State, 247 Miss. 609, 157 So.2d 49 (1963); Matthews v. State, 102 Miss. 549, 59 So. 842 (1912); and Mitchell v. State, 24 So. 312 (Miss.1898).

Moreover, although it may be doubtful that Detective Hargrove was present when the first confession was made to Investigator Payne, the record reveals that he was present during a great part of Hicks' interrogation and his testimony was not offered as it should have been. See Agee v. State, 185 So.2d 671 (Miss.1966), and its progeny, including Curry v. State, 328 So.2d 328 (Miss.1976); Booker v....

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7 practice notes
  • Jordan v. State, No. 50551
    • United States
    • United States State Supreme Court of Mississippi
    • November 22, 1978
    ...in cases which predated Jackson. In all of these fourteen cases we ordered retrial under the directions of Jackson. Hicks v. State, 355 So.2d 679 (Miss.1978); Stevenson v. State, 354 So.2d 1095 (Miss.1978); Davis v. State, 349 So.2d 509 (Miss.1977); Spencer v. State, 348 So.2d 1030 (Miss.19......
  • Peden v. State, No. 53563
    • United States
    • United States State Supreme Court of Mississippi
    • February 2, 1983
    ...380 So.2d 251 (Miss.1980); Abston v. State, 361 So.2d 1384 (Miss.1978); Miles v. State, 360 So.2d 1244 (Miss.1978); Hicks v. State, 355 So.2d 679 (Miss.1978); Holt v. State, 348 So.2d 434 (Miss.1977); Rogers v. State, 338 So.2d 1005 (Miss.1976); Dickens v. State, 311 So.2d 650 (Miss.1975); ......
  • Abston v. State, No. 50515
    • United States
    • United States State Supreme Court of Mississippi
    • September 13, 1978
    ...absence of any such witness. See also Holmes v. State, 211 Miss. 436, 51 So.2d 755 (1951). (185 So.2d at 673) See also Hicks v. State, 355 So.2d 679 (Miss. 1978); Curry v. State, 328 So.2d 328 (Miss. 1976); Booker v. State, 326 So.2d 791 (Miss. 1976); White v. State, 306 So.2d 299 (Miss. 19......
  • Powell v. State, No. 55294
    • United States
    • United States State Supreme Court of Mississippi
    • February 12, 1986
    ...414 So.2d 446 (Miss.1982); Scott v. State, 382 So.2d 1091 (Miss.1980); Miles v. State, 360 So.2d 1244 (Miss.1978); and Hicks v. State, 355 So.2d 679 (Miss.1978). With a motion to suppress on file, the state was put on notice that prudent trial preparation dictated having all officers presen......
  • Request a trial to view additional results
7 cases
  • Jordan v. State, No. 50551
    • United States
    • United States State Supreme Court of Mississippi
    • November 22, 1978
    ...in cases which predated Jackson. In all of these fourteen cases we ordered retrial under the directions of Jackson. Hicks v. State, 355 So.2d 679 (Miss.1978); Stevenson v. State, 354 So.2d 1095 (Miss.1978); Davis v. State, 349 So.2d 509 (Miss.1977); Spencer v. State, 348 So.2d 1030 (Miss.19......
  • Peden v. State, No. 53563
    • United States
    • United States State Supreme Court of Mississippi
    • February 2, 1983
    ...380 So.2d 251 (Miss.1980); Abston v. State, 361 So.2d 1384 (Miss.1978); Miles v. State, 360 So.2d 1244 (Miss.1978); Hicks v. State, 355 So.2d 679 (Miss.1978); Holt v. State, 348 So.2d 434 (Miss.1977); Rogers v. State, 338 So.2d 1005 (Miss.1976); Dickens v. State, 311 So.2d 650 (Miss.1975); ......
  • Abston v. State, No. 50515
    • United States
    • United States State Supreme Court of Mississippi
    • September 13, 1978
    ...absence of any such witness. See also Holmes v. State, 211 Miss. 436, 51 So.2d 755 (1951). (185 So.2d at 673) See also Hicks v. State, 355 So.2d 679 (Miss. 1978); Curry v. State, 328 So.2d 328 (Miss. 1976); Booker v. State, 326 So.2d 791 (Miss. 1976); White v. State, 306 So.2d 299 (Miss. 19......
  • Powell v. State, No. 55294
    • United States
    • United States State Supreme Court of Mississippi
    • February 12, 1986
    ...414 So.2d 446 (Miss.1982); Scott v. State, 382 So.2d 1091 (Miss.1980); Miles v. State, 360 So.2d 1244 (Miss.1978); and Hicks v. State, 355 So.2d 679 (Miss.1978). With a motion to suppress on file, the state was put on notice that prudent trial preparation dictated having all officers presen......
  • Request a trial to view additional results

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