Price v. State

Decision Date23 August 1978
Docket NumberNo. 50624,50624
Citation362 So.2d 204
PartiesFrank PRICE, III v. STATE of Mississippi.
CourtMississippi Supreme Court

J. W. Kellum, Sumner, for appellant.

A. F. Summer, Atty. Gen. by Billy L. Gore, Spec. Asst. Atty. Gen., Jackson, for appellee.


PATTERSON, Chief Justice, for the Court:

Frank Price, III, appeals a conviction of capital murder pursuant to a bifurcated trial and jury sentence to life imprisonment by the Circuit Court of Coahoma County. The sole issue is whether a peremptory instruction requested by the defendant was properly refused.

At approximately 9:30 p. m. on March 3, 1975, appellant and another black male identified as Andrew Lee Henderson, entered the lobby of the Southern Inn Motel in Clarksdale. The desk clerk, Mrs. Marie Furniss, testified that appellant requested a room and began to scribble something on a registration card. Mrs. Grace Green, the 63-year-old manager of the motel, was seated at the corner of the desk. Appellant threw a $20 bill on the counter and while Mrs. Furniss was getting change, Mrs. Green suddenly exclaimed, "Oh, look out, Mrs. Furniss." Mrs. Furniss then observed the appellant pointing a pistol at her. He grasped Mrs. Furniss' left wrist, jerked her across the counter and struck her with the weapon. Dazed by the blow, Mrs. Furniss dropped behind the counter while appellant continued to clutch her by the arm. She was released after the appellant grabbed the money from the cash drawer.

Mrs. Furniss testified she remained behind the counter, hoping to escape and summon Mr. Green, who had retired for the evening. Immediately thereafter she heard a shot and Mrs. Green began screaming. Another shot was fired and the men left. Mrs. Furniss called Mr. Green who came to aid his wife and who then called the police. Mrs. Green expired from a bullet wound a short time later.

The perpetrators of the crime wore no masks, and Mrs. Furniss positively identified the appellant as the individual signing the registration card. However, she was unable to say who fired the fatal shot. It was determined that the sum of $150 had been taken.

The pathologist who performed the autopsy testified that Mrs. Green suffered several lacerations to the head as well as a gunshot wound which caused her death. A Federal Bureau of Investigation fingerprint specialist testified that the appellant's fingerprints matched those on the registration card signed at the motel.

Appellant's signed statement to a police officer was admitted into evidence without objection. He claimed he had driven Andrew Henderson and Bay Jerry Williams to the motel and remained in the automobile while they entered the premises. According to him, when he heard a shot, he entered the building and observed a lady on...

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8 cases
  • Cabana v. Bullock
    • United States
    • U.S. Supreme Court
    • January 22, 1986
    ...committed by one of them is incident to the execution of the common design, both are criminally liable for the homicide." Price v. State, 362 So.2d 204, 205 (Miss.1978). In accordance with this doctrine of accomplice liability, the court instructed the jury at the conclusion of the guilt ph......
  • Culberson v. State
    • United States
    • Mississippi Supreme Court
    • November 28, 1979 clear, however, that this qualification does not relieve Pittman of his confessed guilt of the crime of capital murder. Price v. State, 362 So.2d 204 (Miss.1978). This leaves the question of whether the words in Subsection (3)(c), "imposed in similar cases, considering both the crime and......
  • Jones v. State, 50944
    • United States
    • Mississippi Supreme Court
    • January 30, 1980
    ...that the evidence shows the willing participation of the accused in a robbery in furtherance of which a death resulted. See Price v. State, 362 So.2d 204 (Miss.1978); McNeer v. State, 228 Miss. 308, 87 So.2d 568 (1956); Carrol v. State, 183 Miss. 1, 183 So. 703 (1938); Woodward v. State, 16......
  • Reddix v. State
    • United States
    • Mississippi Supreme Court
    • February 13, 1980
    ...for gain, thereby inviting the outrage of a society understandably bent upon protecting itself from physical violence. Price v. State, 362 So.2d 204 (Miss.1978), while it involved a party found guilty and sentenced to life imprisonment in a bifurcated hearing in a capital murder case, state......
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