Kidd v. State, 46661

• Decision Date: 21 February 1972
• Docket Number: No. 46661,46661
• Citation: 258 So.2d 423
• Parties: Billy Joe KIDD v. STATE of Mississippi.
• Court: Mississippi Supreme Court

Page 423

258 So.2d 423

53 A.L.R.3d 774

Billy Joe KIDD v. STATE of Mississippi.

No. 46661.

Supreme Court of Mississippi.

Feb. 21, 1972.

Murray L. Williams, Water Valley, C. D. Thomas, Pontotoc, for appellant.

A. F. Summer, Atty. Gen., by Timmie Hancock, Sp. Asst. Atty. Gen., Jackson, for appellee.

BRADY, Justice:

This is an appeal from the Circuit Court of Pontotoc County, Mississippi, wherein the appellant, Billy Joe Kidd, was indicted by the grand jury for the crime of murder. He was tried at the November 1969 Term and was convicted of manslaughter and sentenced to serve ten years in the state penitentiary. From that verdict and sentence the appellant appeals to this Court.

On the night of December 7, 1968, the deceased, Jimmy Crausby, sometime between the hours of eight and nine o'clock, received stab and cut wounds which resulted in his death approximately five hours later. The father of the appellant, Walter Kidd, received two gunshot wounds which resulted in his death a few days later. Billy Joe Kidd, the appellant, was shot twice, one bullet shooting off the appellant's right index finger near the first joint, and the second bullet entering the left chest area near the heart and making its exit in the appellant's back just below the left shoulder blade.

On Friday night, December 6, 1968, Mr. Jimmy Crausby made a telephone call to the appellant's home requesting that the appellant meet with him to discuss something important. Because of company, the appellant was unable to meet with Crausby on that night. However, he agreed to meet with him the following night. It was agreed that they would meet at a poolroom in town, and from there they would go somewhere else to talk. The family of the appellant was greatly upset, especially appellant's sister, Dot Kidd. They all attempted to persuade the appellant not to meet with Crausby. Dot Kidd was so disturbed about her brother's safety that she requested the Chief of Police, Jim Hubbard, to try to persuade him not to have the meeting. The family was unable to persuade the appellant not to meet with Crausby. In order to keep his father, Walter Kidd, from worrying, the appellant told him to remain at the store and that he would report by means of a citizen's band radio whether Mr. Crausby was alone and if he (appellant) was being followed. By means of this citizen's band radio, the appellant kept Walter Kidd informed as to where he was at all times. The 'discussion' which finally took place had some of the hallmarks of a duel that lacked all the laws and rules of the Code Duello. Dot Kidd also had a citizen's band radio in her automobile and thus she and appellant's daughter Debby, and his mother, Mrs. Walter Kidd, who were riding in Dot's car, were able to learn where the appellant was and where he was to meet Jimmy Crausby.

The record reveals that the meeting took place east of Pontotoc at a hill commonly known as 'Dynamite Hill,' which is approximately a mile to a mile and a half west on Old Highway 6 near its intersection with New Highway 6. The appellant and Crausby each drove his individual car to the location on Dynamite Hill. The record reveals that the appellant then announced over the citizen's band radio, '(I)t's happenning, now,' or '(I)t's happening.' They parked their cars side by side facing a gate to the entrance of the road running down to what is known as the 'dynamite house.'

The record establishes that the appellant left his car and entered the car of Jimmy Crausby and that Jimmy Crausby accused the appellant or his father of having someone telephone his wife. Crausby then began cursing the appellant and reached down on the left side of the car under the seat and picked up a 38 caliber snubnose revolver, where his wife kept it. At this point a struggle took place, and the appellant, because he had both arms free and was sitting on the right side of the front seat, managed to take the pistol away from Jimmy Crausby. The appellant then unloaded the revolver, taking out all six cartridges. He dropped or threw them on the rear floorboard of Crausby's automobile and threw the revolver over onto the back seat. Mr. Ladell Luther, Sheriff of Pontotoc County, and Chief Hubbard found five rounds of unspent ammunition on the back floor of Jimmy Crausby's automobile, and Highway Patrolman Eubanks found the unloaded 38 caliber revolver on the back seat.

The appellant testified that after sitting and talking with Jimmy Crausby a little longer, Crausby became enraged again. He (Crausby) suddenly went over the back of the seat into the rear of the car and reached under the front seat immediately behind the appellant to obtain what the appellant believed to be another gun. At this point the appellant leaped over the seat and began struggling with Crausby. While they were struggling in the back seat, the appellant heard a vehicle drive up and stop. He then heard his father, Walter Kidd, call his name, 'Joe.' The appellant testified that he called to his father that Jimmy had a gun in his hand and to go away or he may get shot. Appellant further testified that something then hit him on the tip of his right ear and he was rendered unconscious.

The next thing that the appellant remembered was that he was lying face down on the back seat with his feet facing the left rear door. He tried to raise up, and heard three gunshots. The shots were within the car and they were fired by Jimmy Crausby. Appellant testified that he saw the gun in Crausby's hand and that his father, Walter Kidd, was inside on the right front seat of the car leaning over the back of the seat. The appellant grabbed for the gun but Crausby pulled the gun back and fired, shooting off the appellant's right index finger. Then Jimmy Crausby was able to push the gun against the appellant's chest, and he laughed as he pulled the trigger, shooting the appellant through the left portion of his chest. Once again Jimmy Crausby placed the gun to the chest of the appellant, laughed and pulled the trigger, but this time, the appellant testified, he heard a loud click. He remembered that five shots had been previously fired.

The sheriff and chief of police found a 41 Magnum pistol on the back seat of the appellant's automobile that had five spent cartridges and one live cartridge. The record also establishes the fact that the 41 Magnum pistol had blood on it and that it belonged to appellant's father, Walter Kidd.

At approximately this time, the car which was driven by the appellant's sister, Dot, arrived at the scene. With Dot Kidd was her mother, Mrs. Walter Kidd, and appellant's twelve year old daughter, Debby Kidd. Their testimony, while somewhat confusing, substantially is that when they stopped the car Debby and Dot jumped out and started toward the parked vehicles, which were the two cars that belonged to Jimmy Crausby and the appellant and the truck owned by Walter Kidd. Dot Kidd testified that Jimmy Crausby came running toward her and tried to catch her but that she 'ducked' him and he ran and got in her car, spun the wheels and drove off with Mrs. Walter Kidd in the car. Debby Kidd testified that the first person she saw was Jimmy Crausby and that he grabbed Mrs. Walter Kidd and forced her to get in their car and then drove off. Mrs. Walter Kidd does not remember whether she got out of the car. She remembers that Jimmy Crausby got in the car. They drove down to the intersection of Old Highway 6 and New Highway 6 and it was at this point that Dot Kidd's car was stopped and Mrs. Walter Kidd jumped out and ran back toward Dynamite Hill. Jimmy Crausby was seen at the intersection by several witnesses, and an ambulance was called which carried him to the Pontotoc County Hospital.

The first person on the scene was Officer Buddy Brandon. Mr. Brandon is a special investigator of the police force of Memphis, Tennessee. He was visiting his parents, Mr. and Mrs. Earl Brandon, whose home is approximately two hundred yards from the intersection of Old Highway 6 and New Highway 6. On the night of December 7, 1968, when he heard someone call for help, he believed there had been a car wreck at the intersection and ran to the intersection. When he arrived sometime between eight and nine o'clock, he noticed one white female and one white male whom he later learned were Mrs. Walter Kidd and Jimmy Crausby, respectively. He testified that Jimmy Crausby was lying on the edge of the pavement and that there was a lot of blood on his clothing, face and neck. Mr. Brandon testified that he did not conduct an examination, but that he 'saw that he (Jimmy Crausby) had some type wound in his stomach, and it was open and looked like part of his intestines were showing.' He also testified that Mrs. Walter Kidd was in a state of shock and he attempted to calm her. Mr. Brandon heard Jimmy Crausby say, 'I am dying. Somebody help me to the hospital. You all are going to let me lay here until I die. I am cold.'

One Reverend William Dowdy was the next person to arrive on the scene. He testified that he was a minister and lived near Booneville. He is generally familiar with the area of Pontotoc County, and on the night of December 7, 1968, he approached said intersection and observed a car about halfway out into the westbound lane. He stated that the headlights of the car were on and there was a man in front of the car; that the man was 'on his knees and it looked like he was trying to stand up, he was awful bloody.' Reverend Dowdy testified that he was the first to arrive at the scene, but that a crowd of people came up later. He further testified that Jimmy Crausby was conscious when he arrived and that he evidenced a concern for Crausby's welfare. Reverend Dowdy testified that Jimmy Crausby had said, 'Please don't let me lay here and die, because people have died from lack of attention and all.' He further testified that once again, after being told that he would have to wait for an ambulance before he could be...