Fuqua v. State

145 So. 2d 152, 246 Miss. 191, 1962 Miss. LEXIS 522
CourtMississippi Supreme Court
DecidedOctober 8, 1962
Docket42145
StatusPublished
Cited by43 cases

This text of 145 So. 2d 152 (Fuqua v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fuqua v. State, 145 So. 2d 152, 246 Miss. 191, 1962 Miss. LEXIS 522 (Mich. 1962).

Opinion

*196 Gillespie, J.

Appellant was jointly indicted with James Dolan and Betty Johnson for possession of burglar’s tools. Separately tried, appellant was convicted and sentenced to the penitentiary.

The facts are not in dispute. Highway Patrolman Anderson was in a patrol car traveling west on U. S. Highway 90 between Biloxi and Gulfport. Highway Patrolman Button was in another patrol car behind Anderson. Anderson was looking for appellant. Sometime before, Anderson had heard an official bulletin on the Highway Patrol radio at Gulfport that the Sheriff of Hinds County had a warrant for appellant’s arrest on a perjury charge. Anderson had a photograph of appellant in his patrol car and had information that appellant was driving an automobile with a Georgia license tag. At the aforementioned time and place, Anderson saw appellant driving an automobile and radioed Patrolman Button to check the license tag. Button re *197 ported that it was a Georgia tag. About this time, appellant turned off. the highway at the Friendship House Restaurant. Anderson turned onto a service road and immediately returned to the place where appellant parked at the Friendship House, arriving just as appellant and his two companions alighted from the car. Button also arrived about this time. Anderson immediately arrested appellant. He did not then search appellant’s car, but looked into the rear and saw some lights, a small bag, and some clothing.

After Anderson was satisfied that appellant was unarmed, they all drove to Highway Patrol headquarters, a distance of about five miles west of the Friendship House. Appellant rode with Anderson, Dolan with Button, and between them was appellant’s car driven by Betty Johnson. A short time after they reached Patrol Headquarters, appellant’s automobile was searched. To a leading question propounded by defense counsel, Anderson said it was “roughly” thirty minutes after arrival at Patrol Headquarters. The testimony would justify a finding that the car was searched less than thirty minutes after arrival at Patrol Headquarters. There is no proof whatever that the officers abandoned or interrupted their duties in connection with the arrest of appellant before searching the car. Appellant and the car were at Patrol Headquarters when the search of the car was made.

The automobile was claimed by Fuqua but was licensed to R. K. Head, with a Georgia address. In the car was a Louisiana certificate of title. When the automobile was searched, the various articles found were listed by Anderson and two others who assisted in making the inventory. The following articles were found in the car: 3 boxes of red tissue, 2 big spot lights, 1 tire tube, 1 box socket wrenches, 1 pair of black kid gloves, 1 large flash light, 1 box of assorted keys (skeleton), 1 small pocket or keyhole flash light, 2 large magnets.

*198 Also, between the front and back seats of the car, there was a large amount of clothing for men and women, a bag containing two loaded pistols, about 25 rounds of extra ammunition, a police sergeant’s badge, and some of the lights already mentioned. The skeleton keys were for various kinds of automobiles, juke boxes, pay telephones, and other kinds of locks. One key would unlock the door to the Highway Patrol Headquarters, and another unlocked one of the patrol cars.

Joe Simon, resident of Biloxi, testified that one of the pistols found in appellant’s car was purchased by Simon about a year before and loaned to one Bennett. Pie identified the pistol by serial number. Bennett testified that he borrowed this particular pistol from Simon and had it in an apartment in Jefferson Parish, Louisiana, a few weeks prior to the time appellant was arrested by Patrolman Anderson; and that two men, unknown to Bennett, impersonated officers by using a badge like the one found in appellant’s car, and entered Bennett’s apartment. He further testified that- when the men got into his apartment they drew a gun on him, and this gun was identical in appearance to one of the guns found in appellant’s car. Bennett said he and a companion were robbed of money and the identical pistol found in appellant’s car by Patrolman Anderson. The two pistols and police badge were not described in the indictment. The proof showed that most of the articles found in the automobile were either designed to aid in the commission of burglary or larceny, or were articles commonly used by burglars.

Appellant offered no proof whatever.

Appellant assigns as error the action of the trial court in overruling the motion for a directed verdict. The argument under this assignment is directed to the sufficiency of the evidence. Appellant was indicted under Section 2044, Mississippi Code of 1942, which follows :

*199 “It is unlawful for any person to have in his possession implements, tools, or instruments designed to aid in the commission of burglary, larceny or robbery; and on the conviction of any person thereof, he shall be punished by imprisonment in the penitentiary not exceeding five (5) years, or in the county jail not exceeding one year. The carrying concealed about one’s person, or in one’s baggage, implements, tools, or instruments peculiarly adapted to aid in the commission of burglary, larceny or robbery, shall be prima facie evidence of intention to use them for such purpose.”

(Hn 1) Appellant contends that the articles found in the car were neither designed for nor peculiarly adapted to aid in the commission of a burglary. We hold the evidence sufficient to justify the jury in finding that appellant violated the statute. The 150 skeleton keys were peculiarly adapted to aid in the commission of burglary. (Hn 2) This was established by the proof, and is a matter of common knowledge. (Hn 3) It is not necessary that the tool or article be designed and made solely for use as a burglar’s tool. It may be designed for a lawful use and still be a burglar’s tool. The other items, such as lights, kid gloves and wrenches, were shown by the proof to be useful adjuncts to burglar’s tools, and as such became burglar’s tools since all of the circumstances shown by the evidence justified a finding that they were possessed for the unlawful purpose of committing the crimes named in the statute. The statute does not denounce as unlawful the possession of any particular implements, tools, or instruments. The possession of a particular article, or combination of articles, may or may not be unlawful under the statute, depending on whether the evidence reveals circumstances from which it may be inferred beyond a reasonable doubt that the possessor intended that he or some other person use the article or articles in aid of burglary or other similar crime. The Mississippi statute does not refer *200 to a specific felonious intent, but a felonious intent must be proven. (Hn 4) The State is not required to prove a specific intent to commit a particular crime; but it is sufficient if tbe circumstances justify the'inference that the article or articles were possessed for such criminal purpose. Thus, a general intent is sufficient.

The cases from other jurisdictions reveal that the possession of skeleton keys has probably resulted in more convictions than any other article.

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Bluebook (online)
145 So. 2d 152, 246 Miss. 191, 1962 Miss. LEXIS 522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuqua-v-state-miss-1962.