Hamilton v. State

197 So. 2d 469
CourtMississippi Supreme Court
DecidedMarch 27, 1967
Docket44349
StatusPublished
Cited by12 cases

This text of 197 So. 2d 469 (Hamilton 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
Hamilton v. State, 197 So. 2d 469 (Mich. 1967).

Opinion

197 So.2d 469 (1967)

Booker T. HAMILTON
v.
STATE of Mississippi.

No. 44349.

Supreme Court of Mississippi.

March 27, 1967.

*470 A.S. Scott, Jr., Laurel, for appellant.

Joe T. Patterson, Atty. Gen., by Guy N. Rogers, Asst. Atty. Gen., Jackson, for appellee.

*471 BRADY, Justice:

Appellant, Booker T. Hamilton, was indicted, tried and convicted in the Circuit Court of the Second Circuit Court District of Jones County, Mississippi, on a charge of perjury and was sentenced to serve three years in the Mississippi State Penitentiary. From that judgment and sentence this appeal is prosecuted. The essential facts are as follows.

On August 27, 1965, appellant appeared before R.E. Parker, Justice of the Peace of District One, Jones County, Mississippi, and signed an affidavit charging Paul Davis with larceny of appellant's Cadillac automobile which was valued at more than $25. A warrant was issued pursuant to the affidavit, and Paul Davis was arrested.

On September 1, 1965, Davis was brought before Justice Parker where a hearing was held. At the hearing appellant frankly advised the court that he and his secretary, Annie Ruth Wells, and Paul Davis, who had acted as appellant's chauffeur, had driven to Jackson, Mississippi, on August 25, 1965, and that it was in Jackson that his car was stolen. This was in direct contradiction of the affidavit which appellant had previously signed in which he had stated that the automobile was stolen at his home in Laurel.

At the hearing before Justice Parker it was shown that upon arriving in Jackson, Davis took the automobile with the knowledge and consent of appellant in order to attend to some personal business. The automobile bore an Alabama tag, and while driving in Jackson, Davis was stopped by police and arrested for driving without a proper tag. He was carried to the police station and, while there, a finance company picked up the car because of appellant's failure to make payments previously due thereon. The hearing further showed that appellant and his secretary returned to Laurel on the bus on August 26. The following day appellant signed the above affidavit charging Davis with the theft of the automobile. When it became apparent that Davis was not guilty of grand larceny, Justice Parker wrote upon the face of the affidavit "Found not guilty" and dismissed the charges, refusing to bind Davis over for consideration by the grand jury.

On September 21, 1965, appellant was indicted and subsequently tried and convicted for wilfully, unlawfully and feloniously making a false affidavit before Justice Parker charging Paul Davis with the theft of appellant's automobile. The indictment upon which appellant was convicted reads as follows:

The Grand Jurors of the State of Mississippi, elected, summoned, empaneled, sworn and charged to inquire in and for the Second Judicial District of Jones County, State of Mississippi, at the term aforesaid, of the Court aforesaid, in the name and by the authority of State of Mississippi, upon their oaths, present that
BOOKER T. HAMILTON
on the 27th day of August, 1965 in the County and District aforesaid did wilfully, unlawfully, and feloniously make a false affidavit before R.E. Parker, Justice of Peace of Beat One, Jones County, Mississippi, of a charge of Grand Larceny to-wit: that Paul Davis had taken, stolen, and carried away his "1965 White Cadillac Automobile" in Laurel, Mississippi, and that the said BOOKER T. HAMILTON knew said affidavit to be false in that he had accompanied the said Paul Davis and another on a trip in said automobile from Laurel, Mississippi, and that such affidavit was under oath and filed in the Justice of Peace Court and that the said BOOKER T. HAMILTON did wilfully and corruptly swear to a material matter therein under oath before the said R.E. Parker Justice of Peace of Beat One of Jones County, Mississippi, and a copy being attached hereto and made a part hereof as if copied herein fully in words and figures, and, *472 against the peace and dignity of the State of Mississippi.
HILLARD HINTON FOREMAN OF THE GRAND JURY W.O. DILLARD DISTRICT ATTORNEY

Three assignments of error are urged by appellant, the first being that the trial court erred in refusing to grant an instruction to the effect that the justice of the peace court had no right to try a grand larceny case. There is no merit in the contention that the court erred in refusing to grant appellant this instruction since the record discloses that the justice of the peace court did not even attempt to try Davis for the crime of grand larceny. The record discloses that R.E. Parker has had many years experience as justice of the peace and knew full well that he did not have the authority to try a defendant charged with a felony. Furthermore, he did no more than he was required to do, namely, hear the evidence and determine whether there was probable cause to conclude that Davis had committed a felony. Justice Parker determined that the proof was insufficient to show such probable cause and, therefore, it was encumbent upon him to release Davis rather than bind him over to await the grand jury's action. While it is true Justice Parker wrote the words "Found not guilty" on the affidavit which appellant had made, the proof shows that this actually amounted to nothing more than a dismissal of the charges.

The second error urged by appellant is that the trial court erred in permitting the district attorney to attempt to impeach his own witness by asking about other crimes supposedly committed by appellant. The record discloses that the State placed upon the witness stand Annie Ruth Wells, whom appellant's attorney described as his "so-called secretary." On cross-examination by appellant's attorney this witness was asked, over the objection of the State, if she knew appellant's reputation for truth and veracity in the community where he lives. She replied, "Yes, sir, it is good." Over the State's objection appellant's attorney then asked:

"Q Do you know whether Booker T. (appellant) has been in any serious trouble with the law in the past?"

To this she replied, "No, sir."

The court sustained the objection. After various attempts the court permitted appellant's attorney to ask:

"Q Has Booker been convicted of any crime involving moral turpitude since you have known him?"

The witness replied, "No, sir."

The court then permitted the State to ask the witness:

"Q Annie Ruth, I will ask you if you know whether or not Booker T. was convicted in New York, New York on the 27th day of December, 1961 for what they call policy and received a fine and sentence out of that conviction. Did you know that?"

Appellant maintains that in allowing this question by the State the trial court committed grievous error. We find no merit in this contention.

At the outset, it is elemental law that the State cannot show the general reputation of an accused unless the accused first places his reputation in evidence. Pegram v. State, 223 Miss. 294, 78 So.2d 153 (1955); Murray v. State, 52 So.2d 288 (Miss. 1951); McGee v. State, 50 So.2d 394 (Miss. 1951). Appellant, however, opened the question of his good character by showing on cross-examination of Annie Ruth Wells that his reputation for truth and veracity was good. In such cases the prosecution may introduce evidence in rebuttal and may, within limits, elicit evidence of the accused's bad character by cross-examination of the witness who testified as to his good character.

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Bluebook (online)
197 So. 2d 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-state-miss-1967.