Shaw v. State, 51576
| Decision Date | 19 December 1979 |
| Docket Number | No. 51576,51576 |
| Citation | 378 So.2d 631 |
| Parties | Willie SHAW v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Eaves & Eaves, G. Jyles Eaves, Henry L. Rodgers, Louisville, for appellant.
A. F. Summer, Atty. Gen., by Calvin Coolidge Williams, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.
Before SMITH, P. J., and WALKER and BROOM, JJ.
BROOM, Justice, for the Court:
Aggravated assault is the offense for which appellant Willie Shaw (defendant) was convicted in the Circuit Court of Choctaw County. He was given a sentence of ten years imprisonment, and now argues several grounds for reversal. We affirm.
Salient facts are the following. The defendant was driving upon a public highway on January 22, 1979 when Officer Brill came up behind him and arrested him for reckless driving after observing the manner in which the defendant was operating his automobile. When the defendant resisted Brill's efforts to arrest him, Brill called for help and other officers responded. The defendant continued to resist and Brill struck him with a "slap-stick". After considerable difficulty the officers took the defendant to the sheriff's office in Ackerman where the defendant threatened Brill. An intoximeter test was refused by the boisterous defendant who continued his resistance and abusive language. During the episode the defendant wielded a knife before he was finally placed in a jail cell. After Dr. Pennington was called to the jail to attend to the defendant's wounds, again he assaulted the officers and grabbed at Officer Brill's weapon. Upon the doctor's advice, the defendant was hospitalized and his scalp wounds sutured. In summary, it is fair to say that the defendant continued violent resistance to his arrest until he was hospitalized.
First argument made is the defendant's assertion that the lower court erroneously refused to grant him a continuance. He says his attorney needed more time to prepare for trial. The indictment before us was returned by the Grand Jury on February 21, 1979, on which date the defendant employed defense counsel. On February 22nd (the day after return of the indictment) hearings were had on motions filed by the defendant including his motion for a continuance, and the trial on the merits was set for Friday, March 2, 1979; next to the last day of the court term. In denying the motion for continuance, the trial judge stated:
The Court observes that from the date this case was set until the date of trial there will be eight days elapsing. While defense attorney has several other matters set between now and then, this Court, being aware of the competence of this particular defense attorney and the excellent manner in which he does prepare for trial, does feel that he has adequate time to do so in this case. Therefore, the motion for continuance is overruled.
On March 2, 1979 at the trial of this cause the trial court again considered and denied appellant's motion for continuance, stating:
The Court finds that the lead defense counsel in this trial, Honorable G. Jyles Eaves, from the Court's own experience, of which the Court takes notice, is a very capable lawyer, particularly in the field of criminal matters, he being a former district attorney of this district. The Court also takes notice that Mr. Eaves lives about sixteen miles from this courthouse, that he has been employed in this case since the 21st day of February, this being the 2nd day of March, 1979. The Court notes that he is employed, and not appointed counsel. The Court believes that Mr. Eaves has had ample time to prepare this case for trial, there being nothing in the record or in the hearing of the motions which the Court has had this morning to indicate that it is any particularly complex matter and the Court notes that all witnesses are locally available and, further, the Court believes that Mr. Eaves is ready for trial and will present his usual excellent defense. Motion overruled.
In arguing that the continuance should have been granted, the defendant states that:
. . . it was a case that required much work to prepare for trial. The Defendant was a policeman. The Mayor, Aldermen and other police were to be interviewed. Since the fight was between many white officers and one Negro policeman, the Attorney must determine whether the case should be transferred out of Choctaw County.
His motion was based upon the ground that his attorney was personally engaged in previously set cases in different courts. He urged that his attorney did not have enough time to prepare for trial. Pertinent is Mississippi Code Annotated § 99-15-29 (1972) which in part provides that . . . The court may grant or deny a continuance, in its discretion, . . . . A denial of the continuance shall not be ground for reversal unless the supreme court shall be satisfied that injustice resulted therefrom.
In summary, our decisional law construing the statute is that in considering whether a continuance should have been granted, each case must be decided solely on its own merits and no rigid rule can be laid down.
It is noteworthy that the record is devoid of any evidence or proof as to precisely how additional time by way of continuance might have been used to his advantage. There was merely the naked statement of counsel that he had other cases set for the term of the Choctaw County Circuit Court (in which the...
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Walker v. State, 92-DP-00568-SCT
...v. State, 467 So.2d 907 (Miss.1985); Bell v. State, 443 So.2d 16 (Miss.1983); Palmer v. State, 427 So.2d 111 (Miss.1983); Shaw v. State, 378 So.2d 631 (Miss.1979); Stringer v. State, 500 So.2d 928 Walker received a fundamentally fair trial. We affirm both Walker's conviction and sentence of......
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Brown v. State
...v. State, 467 So.2d 907 (Miss.1985); Bell v. State, 443 So.2d 16 (Miss.1984); Palmer v. State, 427 So.2d 111 (Miss.1983); Shaw v. State, 378 So.2d 631 (Miss.1979); Stringer v. State, 500 So.2d 928 Id. at 629-630. Brown received a fundamentally fair trial. We therefore affirm his conviction ......
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Walker v. State
...v. State, 467 So.2d 907 (Miss.1985); Bell v. State, 443 So.2d 16 (Miss.1983); Palmer v. State, 427 So.2d 111 (Miss.1983); Shaw v. State, 378 So.2d 631 (Miss. 1979); Stringer v. State, 500 So.2d 928 (Miss.1986).Walker received a fundamentally fair trial. We affirm both Walker's conviction an......
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Stringer v. State, 55607
...State, 467 So.2d 907 (Miss.1985); Bell v. State, 443 So.2d 16 (Miss.1984); Palmer v. State, 427 So.2d 111 (Miss.1983); and Shaw v. State, 378 So.2d 631 (Miss.1979). The record reflects one of the most atrocious murders in the annals of Mississippi criminal jurisprudence. The appellant and o......