Johnson v. State, 39537
| Decision Date | 15 July 1955 |
| Docket Number | No. 39537,39537 |
| Citation | 81 So.2d 558,223 Miss. 56 |
| Parties | Walter JOHNSON v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
R.D. Wigginton, Gulfport, for appellant.
J.P. Coleman, Atty.Gen., by Wm. E. Cresswell, Asst.Atty.Gen., for appellee.
Appellant Walter Johnson was convicted in the Circuit Court of Harrison County of the crime of rape, and was sentenced to suffer the death penalty. On January 17, 1955 this judgment of conviction was affirmed by this Court, and March 3, 1955 was fixed as the date for execution of the death sentence. Miss., 76 So.2d 841. Appellant's subsequent suggestion of error was overruled. Johnson then appealed to the Supreme Court of the United States by petition for writ of certiorari, and execution of the judgment accordingly was stayed. On May 31, 1955, the United States Supreme Court denied his petition for a writ of certiorari. 349 U.S. 946, 75 S.Ct. 874.
Since the date fixed for execution of the sentence in our decision in 76 So.2d 841 has passed, the State has filed a motion requesting the Court to set a new date for execution of the death sentence. No response has been filed to this motion. After careful consideration, we conclude that the motion should be and it is sustained, and Friday, August 19, 1955, is fixed as the date for execution of the death sentence rendered against appellant, Walter Johnson, in the manner provided by law.
Motion of State to set new date for execution sustained, and Friday, August 19, 1955, fixed as date for execution of Death Sentence.
All nine of the Judges concur.
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Harvey v. State, 44669
...v. State, 175 Miss. 320, 167 So. 53 (1936); Brummett v. State, 181 So. 323 (Miss.1938); Johnson v. State, 223 Miss. 56, 76 So.2d 841, 81 So.2d 558 (1955). II. It is next contended that the trial court erred in admitting the alleged confession of the defendant 'based on the recent guideline ......
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...Lewis v. State, 209 Miss. 110, 46 So.2d 78; Rogers v. State, 222 Miss. 690, 76 So.2d 831; Johnson v. State, 223 Miss. 56, 76 So.2d 841, 81 So.2d 558; Keeler v. State, 226 Miss. 199, 84 So.2d 153; Burr v. State, 237 Miss. 338, 114 So.2d Manifestly the bill of exceptions was both imperfect an......
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McGarrh v. State
...Lewis v. State, 209 Miss. 110, 46 So.2d 78; Rogers v. State, 222 Miss. 690, 76 So.2d 831; Johnson v. State, 223 Miss. 56, 76 So.2d 841, 81 So.2d 558; Keeler v. State, 226 Miss. 199, 84 So.2d 153; Burr v. State, 237 Miss. 338, 114 So.2d 764; Wilson v. State, Miss., 140 So.2d 275. Besides, at......
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Dunning v. State, 43313
...County. This is in accord with Wilson v. State, 243 Miss. 859, 140 So.2d 275 (1962) and Johnson v. State, 223 Miss. 56, 76 So.2d 841, 81 So.2d 558 (1955), both of which arise from Harrison County as here, with similar factual situations, and wherein this Court upheld the lower court's decis......