Mason v. State, No. 54485
| Court | United States State Supreme Court of Mississippi |
| Writing for the Court | Before PATTERSON; BOWLING; PATTERSON |
| Citation | 440 So.2d 318 |
| Docket Number | No. 54485 |
| Decision Date | 09 November 1983 |
| Parties | Sanford MASON v. STATE of Mississippi. |
Page 318
v.
STATE of Mississippi.
Page 319
William Dean Stark, John Paul Moore, Starkville, for appellant.
Bill Allain, Atty. Gen. by Charles W. Maris, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.
Before PATTERSON, C.J., and BOWLING and ROBERTSON, JJ.
BOWLING, Justice, for the Court:
Appellant was indicted, tried and convicted in the Circuit Court of Oktibbeha County of the crime of rape. The jury returned a verdict of guilty and by its verdict found that he should serve a life sentence with Department of Corrections. Appellant's indictment also included charges under Mississippi Code Annotated, Section 99-19-81 (Supp.1983), alleging two prior felony convictions as a result of which he received at least a term of one year for each. Upon the jury's conviction in the present case, the circuit court sentenced appellant, under the provisions of said section, to serve a life term without parole.
On appeal, appellant presents only one assignment of error, to-wit:
I. DID THE COURT ERR IN DENYING THE DEFENDANT'S MOTION FOR JNOV AND/OR A NEW TRIAL WHERE THE STATE EXERCISED ITS PEREMPTORY CHALLENGES TO ALLEGEDLY SYSTEMATICALLY EXCLUDE ALL BLACKS FROM THE JURY IN VIOLATION OF THE DEFENDANT'S CONSTITUTIONAL RIGHTS?
At the outset, we note that the alleged error is not before the Court properly. There is nothing in the record other than the statement in appellant's motion for JNOV and/or new trial that the jury in this case was all white. Nowhere in the record are the names and race of the persons composing the jury set out. Neither does the record show the names and race of those peremptorily challenged from the special venire panel. There is nothing in the record to show any reason on the part of the state or the appellant for peremptorily challenging any juror.
We have on many occasions held that we must decide each case by the facts shown in the record, not assertions in the brief, however sincere counsel may be in those assertions. Facts asserted to exist must and ought to be definitely proved and placed before us by a record, certified by law; otherwise, we cannot know them. Phillips v. State, 421 So.2d 476 (Miss.1982); Branch v. State, 347 So.2d 957 (Miss.1977); Robinson v. State, 345 So.2d 1044 (Miss.1977); Shelton v. Kindred, 279 So.2d 642 (Miss.1973); and Alexander v. Hancock, 174 Miss. 482, 164 So. 772 (1935).
Furthermore, nowhere in the record...
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Underwood v. State, No. 95-DP-00866-SCT
...facts shown in the record, not assertions in the brief...." Burney v. State, 515 So.2d 1154, 1160 (Miss.1987) (quoting Mason v. State, 440 So.2d 318, 319 (Miss.1983)). The burden falls upon an appellant to ensure the record contains "sufficient evidence to support his assignments of error o......
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Courtney v. State, NO. 2017-KA-01267-SCT
...before us by a record, certified by law; otherwise, we cannot know them." Randall , 824 So.2d at 1294 (¶ 4) (quoting Mason v. State , 440 So.2d 318, 319 (Miss. 1983) ). ¶23. More applicable to the case sub judice is the Supreme Court of New Hampshire's decision in State v. Justus , 140 N.H.......
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Byrom v. State, No. 2001-DP-00529-SCT.
...and ought to be definitely proved and placed before us by a record, certified by law; otherwise, we cannot know them." Mason v. State, 440 So.2d 318, 319 At trial, the judge delayed disclosure to the State of Byrom's psychiatric reports until Byrom could file specific objections thereto. Co......
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Nathan v. State, No. 07-58704
...by law; otherwise, we cannot know them. (citations omitted). Britt v. State, 520 So.2d 1377, 1379 (Miss.1988) (citing Mason v. State, 440 So.2d 318, 319 [Miss.1983] ). This assignment is without Accordingly, the conviction and sentence of the Circuit Court of Jackson County in this case are......
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Underwood v. State, No. 95-DP-00866-SCT
...shown in the record, not assertions in the brief...." Burney v. State, 515 So.2d 1154, 1160 (Miss.1987) (quoting Mason v. State, 440 So.2d 318, 319 (Miss.1983)). The burden falls upon an appellant to ensure the record contains "sufficient evidence to support his assignments of err......
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Courtney v. State, NO. 2017-KA-01267-SCT
...us by a record, certified by law; otherwise, we cannot know them." Randall , 824 So.2d at 1294 (¶ 4) (quoting Mason v. State , 440 So.2d 318, 319 (Miss. 1983) ). ¶23. More applicable to the case sub judice is the Supreme Court of New Hampshire's decision in State v. Justus , 140 N.H. 4......
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Byrom v. State, No. 2001-DP-00529-SCT.
...ought to be definitely proved and placed before us by a record, certified by law; otherwise, we cannot know them." Mason v. State, 440 So.2d 318, 319 At trial, the judge delayed disclosure to the State of Byrom's psychiatric reports until Byrom could file specific objections thereto. C......
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Nathan v. State, No. 07-58704
...by law; otherwise, we cannot know them. (citations omitted). Britt v. State, 520 So.2d 1377, 1379 (Miss.1988) (citing Mason v. State, 440 So.2d 318, 319 [Miss.1983] ). This assignment is without Accordingly, the conviction and sentence of the Circuit Court of Jackson County in this case are......