Pounders v. State, No. 49191
| Decision Date | 03 August 1976 |
| Docket Number | No. 49191 |
| Parties | Jerry Dean POUNDERS v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Jimmy D. Shelton, Leroy Henderson, Jr., Tupelo, for appellant.
A. F. Summer, Atty. Gen. by Vera Madel Speakes, Sp. Asst. Atty. Gen., Jackson, for appellee.
Before GILLESPIE, SMITH and WALKER, JJ.
SMITH, Justice, for the Court:
Jerry Dean Pounders was convicted of aggravated assault upon a law enforcement officer and sentenced to serve a term of 15 years in the penitentiary, with 5 years suspended during good behavior. He has appealed here.
The episode out of which the prosecution arose began with a severe beating administered to his wife by Pounders. She escaped with their children and ran next door to the house of a neighbor. The neighbor had already called the police. When the police arrived Mrs. Pounders signed an affidavit charging Pounders with having committed the assault and battery upon her. The officers went to the door of Pounders' home and, having identified themselves to Pounders, informed him that he was under arrest. Pounders' answer was 'the first man through that door is a dead _ _.' At this time Pounders was seated facing the door with a rifle across his lap. He was told several times by the officers to throw the rifle down. He refused to do this and responded by shooting at one of the officers. Thereupon the officers returned the fire and in the ensuing exchange of shots, Pounders shot Officer Hall three times. Pounders withstood a siege of some 30 minutes but was finally forced out of the house with tear gas. This was not, however, before Pounders had shot another officer.
Pounders' defense was insanity. On this issue two psychiatrists testified for the defense and several lay witnesses testified for both sides. On the basis of all of this testimony, (and there was a great deal of it), an issue of fact was created as to whether Pounders had been sane or insane at the time he shot the officers. This issue was properly submitted to the jury by the trial court for determination under instructions drafted and requested by the defense as well as by the State. The action in overruling objections to certain instructions in the lower court is not assigned as error on appeal. The jury returned a verdict finding Pounders guilty of the offense charged.
On appeal, it is argued on behalf of Pounders that the verdict was against the overwhelming weight of the evidence. It is contended that the testimony of the expert witnesses was conclusive upon...
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Lias v. State, 50444
...of insanity but rather insanity is a question to be resolved by the jury. Hollins v. State, 340 So.2d 438 (Miss.1976); Pounders v. State, 335 So.2d 904 (Miss.1976); Myrick v. State,290 So.2d 259 (Miss.1974); Jones v. State, 288 So.2d 833 (Miss.1974); Blackwell v. State, 257 So.2d 855 (Miss.......
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Brady v. State, 53569
...parts of that testimony. Matthews v. State, 394 So.2d 304 (Miss.1981). See also Lias v. State, 362 So.2d 198 (Miss.1978); Pounders v. State, 335 So.2d 904 (Miss.1976); and Herron v. State, 287 So.2d 759 (Miss.1974). In Sadler v. State, 407 So.2d 95 (Miss.1981), we Among the alleged errors a......