Weathers v. State, 45857
| Citation | 237 So.2d 441 |
| Decision Date | 01 June 1970 |
| Docket Number | No. 45857,45857 |
| Parties | Marshall WEATHERS, Jr. v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Yerger Morehead, Greenwood, for appellant.
A. F. Summer, Atty. Gen., by Guy N. Rogers, Asst. Atty. Gen., and Timmie Hancock, Special Asst. Atty. Gen., Jackson, for appellee.
The appellant, Marshall Weathers, Jr., was convicted in the Circuit Court of Leflore County of the crime of armed robbery and sentenced to serve a term of 25 years in the penitentiary. He appeals from that conviction and sentence.
Weathers was indicted jointly with William Hardin Bogard, Jr., and two others, for the armed robbery of Malouf Music Company of Greenwood at about eight o'clock on the evening of February 12, 1969. Severances were granted and the defendants were tried separately. The facts in the case are stated in considerable detail in this Court's opinion in the case of Bogard v. State, 233 So.2d 102 (Miss.1970).
It is only necessary to add to what was said there that when the officers apprehended Weathers and his coindictees, at about eleven o'clock on that same night, Weathers was driving the automobile in which all were riding and in which the loot taken in the robbery and the weapons and masks used by the robbers were found. Details of the arrest and search of the automobile are set out in the Bogard case, supra.
After the arrest, Weathers was taken to the police station where he was advised of his rights by use of a 'Miranda' card. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974 (1966). At that time he declined to make a statement. Later, when alone with another officer, who also gave him the warning required by Miranda, supra, Weathers made a statement. Objection was made to the testimony of this officer regarding the statement. The officer testified that Weathers' statement had been made freely and voluntarily, that it had not been given under duress or coercion and that no promise of any kind had been made to Weathers to induce him to make it. The objection was overruled by the trial court and the officer was permitted to testify. In substance, he said that Weathers had told him that he, Weathers, had not been one of the three armed men who actually had entered and robbed Malouf Music Company and Malouf, its proprietor, but that he had stayed outside and acted as 'watch out' man while the robbery was committed.
He was asked by the officer what had been done with the proprietor's Chrysler automobile, which had been taken by the robbers. Weathers stated that, while he could not explain to the officer exactly where this automobile had been left, he thought that he could lead him to it.
Weathers then did, in fact, direct the officer to the place where this automobile had been left by him.
Weathers testified in his own behalf and was the only defense witness. His defense consisted of an alibi, the substance of which was that he had been at his parents' home watching television at the time of the robbery. He denied having taken any part in the robbery and denied knowing anything about it. Moreover, he denied having waived his right to remain silent and denied having made the incriminating statement attributed to him by the officer. He also denied that he had guided the officers to the place where the Malouf car was found and suggested that the officers must previously have located it and that they already knew where it was.
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Montgomery v. State, 56743
...evidence, Harmon v. State, 453 So.2d 710, 712 (Miss.1984); Bullock v. State, 391 So.2d 601, 606 (Miss.1980); Weathers v. State, 237 So.2d 441, 443 (Miss.1970); Coward v. State, 223 Miss. 538, 78 So.2d 605, 610 (1955); Yarbrough v. State, 202 Miss. 820, 32 So.2d 436, 440 (3) The instruction ......
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