Pettis v. State, 37656
| Decision Date | 06 November 1950 |
| Docket Number | No. 37656,37656 |
| Citation | 209 Miss. 726,48 So.2d 355 |
| Parties | PETTIS v. STATE. |
| Court | Mississippi Supreme Court |
Ben Stevens, J. H. Stevens, Hattiesburg, for appellant.
J. P. Coleman, Atty. Gen., Geo. H. Ethridge, Asst. Atty. Gen., for appellee.
ARRINGTON, Commissioner.
The appellant was convicted for unlawfully resisting J. F. Green, sheriff of Greene County, while he was in the act of arresting on Johnny Bolton, and was sentenced to serve a period of six months in jail and to pay a fine of $300.00, nine- days of the jail sentence and $150.00 of the fine to be suspended pending good behavior. The indictment was based on Section 2293, Code of 1942, and, omitting the formal parts, it reads as follows: '* * * did knowingly and unlawfully oppose and resist J. F. Green, who was then and there sheriff of Greene County, Mississippi, in attempting to arrest Johnny Bolton who was guilty of a crime in which said sheriff was then and there in the act of arresting or attempting to arrest contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Mississippi.'
The facts in this case are as follows: The sheriff of Greene County and his deputy had located some whisky in a house about a quarter of a mile from the place of business and residence of the appellant, Leola Pettis. According to the testimony of the sheriff, he apprehended a colored man in the shack where the whisky was found, who had the keys, using his language, to the place of abode of Leola Pettis and Johnny Bolton. The deputy sheriff testified that the whisky they located belonged to Johnny Bolton. Johnny Bolton at this time was asleep in the home of Leola Pettis, the appellant. According to the evidence, she also operated a business at her residence. The sheriff, upon locating the whisky, sent the deputy sheriff to the home of Leola Pettis to arrest Johnny Bolton. The appellant objected to the deputy sheriff's going into her home to arrest Johnny Bolton. The deputy then returned to the house where the sheriff was, and he and the sheriff returned to the home of Leola Pettis to arrest the said Bolton.
According to the evidence of the deputy sheriff, the sheriff did not ask the appellant if he could go into the house, but he proceeded in, and she grabbed him by the arm; that the sheriff jerked away and continued on into the appellant's home. The sheriff on this point testified as follows: 'We went in, and as I started into the place, she jumped up and grabbed me, and when she did I hit her with a black-jack and went on in. Smith was behind me. I left her. She came on in behind me and then Smith. She came in there. And, to begin with, she wanted to know on the outside, she wanted to know what we wanted. I said, 'We came to arrest Johnny Bolton'. She says, 'You can't go in there'. I said, 'He is in there'. She said,
The sheriff and deputy sheriff both testified that they did not have a warrant for the arrest of Johnny Bolton, neither did they have a search warrant for the premises of the appellant, Leola Pettis. With reference to an arrest without a warrant, Section 2470, Code of 1942, is as follows:
Under this statute an officer...
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