Shearer v. State, No. 53494

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtDAN M. LEE; PATTERSON
PartiesJerry Randle SHEARER v. STATE of Mississippi.
Decision Date15 December 1982
Docket NumberNo. 53494

Page 824

423 So.2d 824
Jerry Randle SHEARER
v.
STATE of Mississippi.
No. 53494.
Supreme Court of Mississippi.
Dec. 15, 1982.
Rehearing Denied Jan. 5, 1983.

Morgan & Morgan, Clarence E. Morgan, III, Kosciusko, for appellant.

Bill Allain, Atty. Gen. by Amy D. Whitten, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before SUGG, ROY NOBLE LEE and DAN M. LEE, JJ.

DAN M. LEE, Justice, for the Court:

This is an appeal from the Circuit Court of Winston County 1 wherein Jerry Randle Shearer, appellant, was indicated, tried and convicted for the September 29, 1980, murder of Margie Bowie. The victim was slain in her own home in Kilmichael, Mississippi, upon returning home from work between

Page 825

5:30 and 6:00 p.m. Apparently, a burglary was in progress when decedent entered her home and in an attempt to flee the scene without being discovered, the burglar struck Mrs. Bowie in the head with a hammer which resulted in her death. Upon conviction, Shearer, a neighbor of Mrs. Bowie, was sentenced to life imprisonment.

Mrs. Margie Bowie was employed as a bookkeeper at the Sunflower Food Store in Winona. On September 29, 1980, Mrs. Bowie, during her lunch hour, purchased two gifts from Simmons Jewelry Store, both of which were gift-wrapped and delivered to Mrs. Bowie in a white paper bag. She returned to work and remained there until she left for the evening at approximately 5:30 p.m.

After leaving work, Mrs. Bowie went to the drug store, accompanied by Ruth Thrasher, appellant's mother. Both women purchased a birthday card. Mrs. Bowie stopped back by Sunflower to retrieve her packages and then left for Kilmichael.

Mrs. Bowie arrived at her home in Kilmichael at approximately 6:00 p.m. When she entered her house, a neighbor noticed a light was turned on inside but was turned off shortly thereafter, in two or three minutes.

Mrs. Thrasher arrived at Mrs. Bowie's home approximately ten minutes later to pick up and deliver the birthday presents purchased earlier that day. She first tried to gain entrance through a side door; however, the door was locked and her knocks brought no response. She then proceeded to the back door where she heard Mrs. Bowie groaning; however, the back door was also locked. Mrs. Thrasher then went to the front door, which was also locked. However, when she looked through the window, she noticed the back door was open about three inches. When she returned to the back door, she found the same had been opened.

Having become fearful of the situation, Mrs. Thrasher called Mr. Applewhite who was sitting on his porch next door. He and Mrs. Thrasher then returned to Mrs. Bowie's residence, finding her lying in a pool of blood in a bedroom near the back door. Mrs. Thrasher tried to use the telephone to call for help, but the phone lines had been severed. The police and an ambulance were summoned from Mr. Applewhite's residence.

Dr. L.C. Henson arrived at Mrs. Bowie's residence around 6:15 p.m. His examination revealed she had been struck behind her right ear at least four times with some sort of blunt instrument. Dr. Henson asserted the wounds could have been produced by a hammer. A bloody hammer was found at the scene. A subsequent analysis of the blood and hair on the hammer revealed that the blood on the hammer was consistent with Mrs. Bowie's blood and the hair found thereon was similar to Mrs. Bowie's and could have had a common origin.

Mrs. Bowie was transported from the emergency room at Kilmichael Hospital to the Baptist Hospital in Jackson; however, she died before reaching Jackson. The cause of death was the lesion over the sagital sinus (large blood vessel directly under the site of the wound). Mrs. Bowie bled to death.

The decedent was described as being like a mother to appellant who had been friends with her children. However, appellant's fingerprints were found on several articles in decedent's home, including a paper sack (allegedly from Simmons' Jewelry), a receipt from Artman's Jewelry dated 7-14-80, a receipt from Dr. Marasako dated 5-29-79, a ticket stub dated April 26, 1980, and a receipt from Davidson Marble and Granite Works dated 3-27-80. No prints were found on the hammer.

Appellant also, while incarcerated, allegedly confessed to Barry James, a cellmate, that he killed Mrs. Bowie because she saw him before he could get out of her house. Appellant offered no evidence to rebut the evidence presented by the state.

The jury returned a verdict of guilty as charged and appellant was thereafter sentenced to life imprisonment.

Page 826

I. Did the trial court err in admitting appellant's trousers into evidence and in permitting Johnette Gothard to testify there was blood on the trousers?

On September 30, 1980, Ronnie White, a criminal investigator with the Mississippi Highway Patrol, and Bobby White, also with the Mississippi Highway Patrol, questioned appellant at his residence concerning his whereabouts on the previous day. Ronnie White...

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94 practice notes
  • Burns v. State, No. 96-DP-01088-SCT.
    • United States
    • Mississippi Supreme Court
    • November 19, 1998
    ...judge enjoys a great deal of discretion as to the relevancy and admissibility of evidence." Id. at 274 (citing Shearer v. State, 423 So.2d 824, 826 (Miss.1982)). The State further contends that Burns failed to show reversible error relying on Branch v. State, 347 So.2d 957 (Miss.1977),......
  • Byrom v. State, No. 2001-DP-00529-SCT.
    • United States
    • Mississippi Supreme Court
    • October 16, 2003
    ...the trial judge's discretion is so abused as to be prejudicial to the accused, this Court will not reverse his ruling. Shearer v. State, 423 So.2d 824, 826 (Miss.1983), citing Page v. State, 295 So.2d 279 Parker v. State, 606 So.2d 1132, 1136 (Miss.1992). All the evidence and inferences tha......
  • Manning v. State, No. 95-DP-00066-SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • June 25, 1998
    ...judge's] discretion is so abused as to be prejudicial to the accused, this Court will not reverse his ruling." Shearer v. State, 423 So.2d 824, 826 (Miss.1982)(citing Page v. State, 295 So.2d 279 (Miss.1974)). "The discretion of the trial court must be exercised within the boundar......
  • Shell v. State, No. 03-DP-0087
    • United States
    • United States State Supreme Court of Mississippi
    • November 29, 1989
    ...delicti and the identity of the deceased have been established. Sharp v. State, 446 So.2d 1008, 1009 (Miss.1984); Shearer v. State, 423 So.2d 824, 827 (Miss.1982); Williams v. State, 354 So.2d 266, 267 Williams v. State, 544 So.2d 782, 785 (Miss.1987). This Court, however, did hold that a t......
  • Request a trial to view additional results
94 cases
  • Burns v. State, No. 96-DP-01088-SCT.
    • United States
    • Mississippi Supreme Court
    • November 19, 1998
    ...a "trial judge enjoys a great deal of discretion as to the relevancy and admissibility of evidence." Id. at 274 (citing Shearer v. State, 423 So.2d 824, 826 (Miss.1982)). The State further contends that Burns failed to show reversible error relying on Branch v. State, 347 So.2d 957 (Miss.19......
  • Byrom v. State, No. 2001-DP-00529-SCT.
    • United States
    • Mississippi Supreme Court
    • October 16, 2003
    ...the trial judge's discretion is so abused as to be prejudicial to the accused, this Court will not reverse his ruling. Shearer v. State, 423 So.2d 824, 826 (Miss.1983), citing Page v. State, 295 So.2d 279 Parker v. State, 606 So.2d 1132, 1136 (Miss.1992). All the evidence and inferences tha......
  • Manning v. State, No. 95-DP-00066-SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • June 25, 1998
    ...trial judge's] discretion is so abused as to be prejudicial to the accused, this Court will not reverse his ruling." Shearer v. State, 423 So.2d 824, 826 (Miss.1982)(citing Page v. State, 295 So.2d 279 (Miss.1974)). "The discretion of the trial court must be exercised within the boundaries ......
  • Shell v. State, No. 03-DP-0087
    • United States
    • United States State Supreme Court of Mississippi
    • November 29, 1989
    ...delicti and the identity of the deceased have been established. Sharp v. State, 446 So.2d 1008, 1009 (Miss.1984); Shearer v. State, 423 So.2d 824, 827 (Miss.1982); Williams v. State, 354 So.2d 266, 267 Williams v. State, 544 So.2d 782, 785 (Miss.1987). This Court, however, did hold that a t......
  • Request a trial to view additional results

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