Pulliam v. State, 47956
| Decision Date | 12 August 1974 |
| Docket Number | No. 47956,47956 |
| Citation | 298 So.2d 711 |
| Parties | Willie Walter PULLIAM and James Wallace Pulliam v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Fox & Sanderson, Houston, for appellants.
A. F. Summer, Atty. Gen. by Wayne Snuggs, Sp. Asst. Atty. Gen., Jackson, for appellee.
Appellants, Willie Walter Pulliam and James Wallace Pulliam, were indicted, tried and convicted of assault and battery with a deadly weapon with the intent to kill in the Circuit Court of Chickasaw County. They were snetenced to serve six years in the State Penitentiary. From that conviction and sentence they appeal. We reverse and remand.
The evidence revealed that at about 9 p.m. on December 24, 1971, Johnny B. Graham was traveling north in a pickup truck on Highway 15 intending to make a left turn to enter a county road that intersected the highway. Appellants were traveling south on the same highway in an automobile. As the two vehicles were meeting, Graham turned his vehicle to the left to enter the county road at a time when appellants' car was so close that it could not avoid colliding with the pickup truck and another vehicle which was following the pickup truck. According to Graham and the other state witnesses, the two men got out of the car and ran up to where Graham's truck had come to rest and pulled him out of the truck amid threats that they were going to kill him. They knocked him to the ground and started kicking him in the face and chest. After Graham was rendered unconscious appellants voluntarily ceased beating him but continued cursing and threatening to kill him. Graham was carried to a hospital where he was treated by Dr. Denney, who testified in his opinion Graham was drunk when he examined him. He found from his examination that Graham had seven lacerations on his face and two broken ribs. On cross examination he testified that Graham's injuries were compatible with an automobile collision.
Appellants testified in their own behalf. Willie Walter Pulliam testified that after the accident he got out of the automobile and stayed in the highway to flag traffic. He denied that he ever struck, cursed or threatened Graham. James Pulliam testified that after the accident he went to Graham's pickup truck and found Graham slumped over the steering wheel of the truck. James said he removed Graham from the truck, laid him on the ground and turned off the motor of the truck. He admitted that he did curse Graham but denied that he threatened to kill him or beat him. Appellants contended that Graham was intoxicated and that he was injured as a result of the collision.
Appellants assign several grounds for reversal of this case, but we will only discuss those which merit discussion. The principle error assigned is that the court was in error in granting Instruction No. 1 on behalf of the state:
The court instructs the jury for the State of Mississippi that if you believe from the evidence beyond a reasonable doubt that the Defendants, Willie Walter Pulliam and James Wallace Pulliam, in the First Judicial District of Chickasaw County, Mississippi, on or about the 24th day of December, 1971, in and upon one Johnny B. Graham then and there did unlawfully and feloniously make an assault with their feet and fists and with said feet and fists did then and there wilfully and feloniously strike, beat and bruise the said Johnny B. Graham with intent him the said Johnny B. Graham wilfully, feloniously and of their malice aforethought to kill and murder, then it is your sworn duty to find the Defendants guilty as charged.
Appellants point out that the indictment in this case charged that they did 'assault with a...
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Williams v. State, 95-CT-01199-SCT.
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