Jones v. State, 47404
| Decision Date | 05 June 1973 |
| Docket Number | No. 47404,47404 |
| Citation | 279 So.2d 594 |
| Parties | Philip JONES v. STATE of Mississippi |
| Court | Mississippi Supreme Court |
Dyer, Dyer & Dyer, Greenville, for appellant.
A. F. Summer, Atty. Gen., by T. E. Childs, Jr., Sp.Asst. Atty. Gen., Jackson, for appellee.
In the Circuit Court of Washington County, Appellant, Jones, was convicted of selling marijuana. From a sentence of four years in the Mississippi State Penitentiary, he appeals to this Court. We affirm.
On April 8, 1972, James Smith, a narcotics agent, dressed as a hippy, met one Benny Spencer in Grenville, Mississippi, at the bar in a place known as "The Soul Shack." Smith began a conversation with Spencer about where he might purchase marijuana. Spencer arranged for Smith to meet appellant later that day in a shoeshine parlor where Agent Smith asked appellant to sell him marijuana. Appellant indicated that the sale could be consummated. Accordingly Smith paid appellant $20.00, whereupon appellant left the shoeshine esablishment. He returned a few minutes later. Upon the return of appellant, Agent Smith walked out to appellant's car where appellant handed him the two bags for which he had been previously paid $20.00 by the agent. Upon examination and analysis, the contents of the two bags were determined to be marijuana.
The indictment charged that appellant sold marijuana to one Larry Smith, but during the trial it was learned that Smith's true first or given name is not Larry but James. The record shows that counsel for both the state and defense approached the bench and had a conference. Then the record shows that upon motion the court allowed the indictment to be amended by striking the name "Larry" and inserting the name "James." The record specifically shows that the court permitted the amendment and in the language used by the court, "there being no objection from the defense."
Appellant claims that reversible error was committed by the court permitting the indictment to be amended by changing the first name of the alleged purchaser of marijuana from Larry to James without an order authorizing it actually being entered on the minutes of the court. Mississippi Code 1942 Annotated section 2532 (1956) authorizes the amendment to an indictment in situations where a name is incorrect. The following section 2533 of said Code provides that the order permitting such amendment shall be entered on the minutes, et cetera. However, it is to be noted the Mississippi Code 1942 Annotated section 1987(1956) provides that a judgment in a criminal case shall not be reversed because of any error or omission in the case in the court below except where the errors or omissions are jurisdictional in their character unless the record shows that the errors complained of were made ground of special exception in that court. Here we note that not only did the appellant fail to note any objection or complaint about the amendment during the trial, but the record affirmatively shows the absence of any objection to the amendment as made. Appellant filed a motion for a new trial before the Circuit Judge but said motion did not refer to the amendment to the indictment, or how the amendment was made, or the failure to timely enter upon the minutes of the court an order authorizing the amendment.
Appellant relies upon the case of Davis v. State 146 Miss....
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Bingham v. State, 53757
...v. State, 165 Miss. 680, 145 So. 754 (1932); Sauer v. State, 166 Miss. 507, 144 So. 225 (1932). (228 So.2d at 875-76) In Jones v. State, 279 So.2d 594 (Miss.1973), this Court upheld an amendment to the indictment during trial which corrected the victim's name from Larry Smith to James Smith......
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Stradford v. State, No. 1999-KA-01755-COA.
...State, 499 So.2d 781 (Miss.1986); Bingham v. State, 434 So.2d 220 (Miss.1983); Evans v. State, 425 So.2d 1043 (Miss.1983); Jones v. State, 279 So.2d 594 (Miss.1973); McDole v. State, 229 Miss. 646, 91 So.2d 738 (1957); Gillespie v. State, 221 Miss. 116, 72 So.2d 245 (1954); Burson v. State,......
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Mahfouz v. State
...in the trial court, objection cannot be raised here for the first time, since the amendment is not jurisdictional. See Jones v. State, 279 So.2d 594 (Miss.1973). However, we have consistently held that where objection was made to the amendment to the indictment and the order to amend was no......
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