White v. State, No. 48132

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtWALKER; GILLESPIE
Citation306 So.2d 299
PartiesGregory E. WHITE v. STATE of Mississippi.
Docket NumberNo. 48132
Decision Date20 January 1975

Page 299

306 So.2d 299
Gregory E. WHITE
v.
STATE of Mississippi.
No. 48132.
Supreme Court of Mississippi.
Jan. 20, 1975.

John C. Webb, Greenville, for appellant.

A. F. Summer, Atty. Gen., by Pete J. Cajoleas, Sp. Asst. Atty. Gen., Jackson, for appellee.

WALKER, Justice:

This is an appeal from the Circuit Court of Washington County, Mississippi, where appellant was indicted and tried for the murder of Russell Reynolds. The jury found appellant guilty of manslaughter, and he was sentenced to a term of eight years in the state penitentiary. From that conviction and sentence, appellant prosecutes this appeal.

The crucial question presented on this appeal is whether the state proved by competent evidence one of the essential elements of the corpus delicti, that is, the death of Russell Reynolds.

It is undisputed that on the night of January 11, or in the early morning hours of

Page 300

January 12, 1973, appellant and one Slayton, a co-indictee, committed an assault and battery upon one Russell Reynolds whose unconscious body was found in the streets of Leland, Mississippi; that Reynolds was carried to the Leland Hospital where he remained in a comatose condition for eleven or twelve hours; and, that the attending physician ordered him transferred to the Veterans Administration Hospital in Jackson. The direct chain of events ends at this point, there being no evidence that Reynolds was in fact carried to or admitted to the Veterans Administration Hospital in Jackson.

The next sequence in the state's evidence shows that on February 13, 1973, Dr. Gatling, a pathologist at the Veterans Administration Hospital in Jackson, was called in to complete an autopsy which had been started by a Dr. Chu who became ill. Dr. Gatling was allowed to testify over strenuous objections that the corpse was that of Russell Reynolds although he testified that he had never known Russell Reynolds personally; that he had never seen Russell Reynolds; that he completed the autopsy for Dr. Chu and that Dr. Chu would have identified the body from medical records and an arm band attached to the body. He further stated that he did not see the arm band, did not see any clinical charts identifying the corpse as that of Russell Reynolds and did not discuss with Dr. Chu who the corpse was. However, Dr. Gatling did testify at one point, over objection, that he was relying on Dr. Chu and the integrity of the hospital records for the identification of the corpse. This testimony was hearsay and the objection thereto should have been sustained since Dr. Chu did not testify nor were the hospital records...

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4 practice notes
  • Abston v. State, No. 50515
    • United States
    • United States State Supreme Court of Mississippi
    • September 13, 1978
    ...355 So.2d 679 (Miss. 1978); Curry v. State, 328 So.2d 328 (Miss. 1976); Booker v. State, 326 So.2d 791 (Miss. 1976); White v. State, 306 So.2d 299 (Miss. 1975); Younger v. State, 301 So.2d 300 (Miss. 1974); Rowell v. State, 239 So.2d 917 (Miss. 1970); Stevens v. State, 228 So.2d 888 (Miss. ......
  • Hicks v. State, No. 50286
    • United States
    • United States State Supreme Court of Mississippi
    • March 1, 1978
    ...and its progeny, including Curry v. State, 328 So.2d 328 (Miss.1976); Booker v. State, 326 So.2d 791 (Miss.1976); White v. State, 306 So.2d 299 (Miss.1975); Younger v. State, 301 So.2d 300 (Miss.1974); Bounds v. State, 271 So.2d 435 (Miss.1973); Rowell v. State,239 So.2d 917 (Miss.1970); an......
  • Flanagin v. State, No. 55620
    • United States
    • United States State Supreme Court of Mississippi
    • July 24, 1985
    ...the first element of corpus delicti, relied in part on hospital records which were not introduced into evidence. White v. State, 306 So.2d 299 (Miss.1975). We reversed, following a long line of cases holding that recollection testimony is not admissible regarding writings whose non-producti......
  • Williams v. State, No. 53946
    • United States
    • Mississippi Supreme Court
    • November 9, 1983
    ...of a report or record must be present for cross-examination if that report or record is to be introduced as evidence. White v. State, 306 So.2d 299 (Miss.1975); Gilleylen v. State, 255 So.2d 661 (Miss.1971); Flowers v. State, 243 So.2d 564 (Miss.1971). In Flowers, this Court On the second i......
4 cases
  • Abston v. State, No. 50515
    • United States
    • United States State Supreme Court of Mississippi
    • September 13, 1978
    ...355 So.2d 679 (Miss. 1978); Curry v. State, 328 So.2d 328 (Miss. 1976); Booker v. State, 326 So.2d 791 (Miss. 1976); White v. State, 306 So.2d 299 (Miss. 1975); Younger v. State, 301 So.2d 300 (Miss. 1974); Rowell v. State, 239 So.2d 917 (Miss. 1970); Stevens v. State, 228 So.2d 888 (Miss. ......
  • Hicks v. State, No. 50286
    • United States
    • United States State Supreme Court of Mississippi
    • March 1, 1978
    ...and its progeny, including Curry v. State, 328 So.2d 328 (Miss.1976); Booker v. State, 326 So.2d 791 (Miss.1976); White v. State, 306 So.2d 299 (Miss.1975); Younger v. State, 301 So.2d 300 (Miss.1974); Bounds v. State, 271 So.2d 435 (Miss.1973); Rowell v. State,239 So.2d 917 (Miss.1970); an......
  • Flanagin v. State, No. 55620
    • United States
    • United States State Supreme Court of Mississippi
    • July 24, 1985
    ...the first element of corpus delicti, relied in part on hospital records which were not introduced into evidence. White v. State, 306 So.2d 299 (Miss.1975). We reversed, following a long line of cases holding that recollection testimony is not admissible regarding writings whose non-producti......
  • Williams v. State, No. 53946
    • United States
    • Mississippi Supreme Court
    • November 9, 1983
    ...of a report or record must be present for cross-examination if that report or record is to be introduced as evidence. White v. State, 306 So.2d 299 (Miss.1975); Gilleylen v. State, 255 So.2d 661 (Miss.1971); Flowers v. State, 243 So.2d 564 (Miss.1971). In Flowers, this Court On the second i......

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