Harris v. State

537 So. 2d 1325, 1989 WL 1318
CourtMississippi Supreme Court
DecidedJanuary 4, 1989
Docket57653
StatusPublished
Cited by41 cases

This text of 537 So. 2d 1325 (Harris 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
Harris v. State, 537 So. 2d 1325, 1989 WL 1318 (Mich. 1989).

Opinion

537 So.2d 1325 (1989)

Willie James HARRIS
v.
STATE of Mississippi.

No. 57653.

Supreme Court of Mississippi.

January 4, 1989.

*1326 Paul R. Scott, Wilroy & Scott, Hernando, for appellant.

Mike Moore, Atty. Gen. by DeWitt Allred, Sp. Asst. Atty. Gen., Jackson, for appellee.

En Banc.

ROY NOBLE LEE, Chief Justice, for the Court:

Willie James Harris has appealed to this Court from a judgment entered in the Circuit Court of DeSoto County on a jury verdict finding him guilty of rape and sentencing him to life imprisonment in the custody of the Mississippi Department of Corrections without the benefit of parole. He has assigned three (3) errors in the trial below.

FACTS

On July 11, 1984, Julie Scott, 16 years old, and Marcie Scott, her twelve-year-old sister, were forcibly raped and badly beaten in their home in Southhaven, DeSoto County, Mississippi. The young girls were the only ones at home on the afternoon of that day. About 2 p.m. Julie was in the bathroom, about to take a shower, and Marcie was in her bedroom. Julie heard a loud banging noise at the front door, and, wrapped only in a towel, she left the bathroom and went to determine the cause of the noise. She discovered a young black man, approximately six (6) feet in height, wearing a green shirt and cut-off tan pants climbing through the shattered front-door window. The trespasser had a silver pistol in his hand. Julie screamed and attempted to lock herself in the bathroom, but was overpowered by the man. Marcie, hearing Julie's scream, started for her bedroom door, but was met there by Julie and her assailant. At gunpoint, he forced the girls into Marcie's bedroom. Over the next thirty minutes to one hour, he raped and beat both girls. While he assaulted one girl, he kept the other locked in the bedroom closet.

After the assailant raped Julie, he forced her to lead him through the house where he gathered money and other valuables. During this time, he repeatedly struck Julie on her head with his pistol. Julie collapsed, lapsing in and out of consciousness, but the beating did not cease. As she lay on the floor, the assailant stabbed her some twenty (20) times in the head, neck, back and abdomen with a long barbecue fork.

As Julie lay unconscious, the assailant took Marcie from the bedroom closet and beat her about the head with the butt of a shotgun that he had found in the house. The beating continued until the stock of the shotgun splintered into pieces. Marcie was then choked with a bed sheet until she lost consciousness.

Upon regaining consciousness, Marcie checked on her sister Julie and then went next door to the home of Mrs. Barbara Jones for help. Marcie was so bloody, bruised and beaten that Mrs. Jones did not even recognize her as her nextdoor neighbor. Finally, when she did determine Marcie's identity, Mrs. Jones let her in the house, sat her down, tried to help and called the police, an ambulance service, her husband, and the girls' parents. She then locked the front door of her house, took a pistol and went next door to see about Julie.

Mrs. Jones found the Scott house in disarray. The front door had been broken in. Blood was in Marcie's bedroom, on the floor, on the bed, in the living room, and in every part of the house where the assailant had taken the girls. She found Julie sitting on the commode in the bathroom, unclothed, bloody, practically all over, and *1327 semi-conscious. The commode bowl was red with blood. Blood was on the telephones where Marcie tried to call out.

The police, the Scott parents and ambulance arrived. Marcie was able to provide the police with a description of their assailant before she was taken to the hospital. The description was relayed to the dispatcher for police broadcast. After hearing the description given by Marcie Scott of the assailant, DeSoto County Sheriff James Albert Riley proceeded to Southhaven to investigate. While cruising the area, Sheriff Riley was approached by two unnamed men who claimed to have seen a young black man fitting the description of the Scott girls' assailant. They led Sheriff Riley to the home of Bobbie Jean Harris, mother of appellant Willie James Harris.

Appellant was at the house, and Sheriff Riley, joined by Southhaven Police Officer Bud Smith, briefly questioned appellant concerning the rape of the two Scott girls and the clothing described by Marcie. He denied any knowledge of the crimes and ownership of either a green shirt or tan cut-off pants, which Marcie said the assailant was wearing. About this time, a green shirt and bloody tan cut-off pants were produced from the house, either by the appellant's mother or aunt and were given to the police. The appellant was then placed under arrest and was advised of his Miranda rights.

On July 11, 1984, at approximately 6:40 p.m. appellant signed a waiver of rights form witnessed by Investigator Thomas McCloud and Deputy Sheriff Ray Richardson. Appellant then gave a confession in the presence of the above two officers and Deputy Sheriff Jack McCauley. The statement was tape recorded, transcribed and signed by appellant.

At approximately 1:30 p.m., on July 12, 1984, appellant signed another waiver of rights form which was witnessed by Investigator Jack Bartholemew and Investigator Jimmy Radford. Again, he gave a statement of confession to the assault and rape of the two Scott girls.

On August 15, 1984, an indictment was returned by the DeSoto County Grand Jury charging appellant Harris with the forcible rape of Marcie Scott in violation of MCA § 97-3-65(2). Beginning October 30, 1984, appellant was tried on that charge, and on November 1, 1984, after deliberating forty (40) minutes, the jury returned a verdict finding appellant guilty as charged and sentencing him to life imprisonment without the benefit of parole under MCA § 99-19-81.

LAW

I.

THE LOWER COURT ERRED IN DENYING APPELLANT'S MOTION FOR A CHANGE OF VENUE.

Prior to trial, on September 4, 1984, appellant filed a motion for change of venue, which was heard on September 5, 1984. The prosecution called to the stand four (4) supervisors of DeSoto County. The appellant called five (5) witnesses. The supervisors and three (3) of the five (5) witnesses called by the appellant testified that the appellant could receive a fair trial in DeSoto County.

Attached to the motion for change of venue as exhibits were nineteen (19) newspaper articles, which referred to the crime. Seven (7) of the accounts were from local publications, three (3) were from the Clarion-Ledger, three (3) were from the Commercial Appeal, and six (6) were from an unknown source. A certificate executed by the News Director of WREG-TV, Channel 3, Memphis, Tennessee, indicating that full coverage was provided by the television station of the arrest and preliminary hearings concerning appellant and that the coverage was aired on evening and nightly news broadcasts July 13 and 26, 1984; and a certificate executed by Dave Black, Jr., manager of WVIM radio, FM 95, Hernando, Mississippi, that the station provided full coverage by way of radio news broadcasts relating to the arrest and preliminary hearing of Willie James Harris and Barry Patterson, five (5) times, beginning subsequent to July 12, 1984, were entered into evidence.

*1328 An open letter from Representative Morris Lee Scott, DeSoto County, addressed to Governor William A. Allain, was among the publications. Although referring to the "alleged" rape, the emphasis of the letter was critical of the parole system in the State of Mississippi.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Zachary Minor v. State of Mississippi
Mississippi Supreme Court, 2025
Franklin v. State
136 So. 3d 1021 (Mississippi Supreme Court, 2014)
Cole v. State
118 So. 3d 633 (Court of Appeals of Mississippi, 2012)
Ricky Franklin v. State of Mississippi
Mississippi Supreme Court, 2012
Barfield v. State
22 So. 3d 1175 (Mississippi Supreme Court, 2009)
Simmons v. State
13 So. 3d 844 (Court of Appeals of Mississippi, 2009)
Welde v. State
3 So. 3d 113 (Mississippi Supreme Court, 2009)
Jonathan Barfield v. State of Mississippi
Mississippi Supreme Court, 2008
David Welde v. State of Mississippi
Mississippi Supreme Court, 2007
Irby v. Travis
935 So. 2d 884 (Mississippi Supreme Court, 2006)
Howell v. State
860 So. 2d 704 (Mississippi Supreme Court, 2003)
Arthur Irby v. Mary Travis
Mississippi Supreme Court, 2003
Nichols v. State
868 So. 2d 355 (Court of Appeals of Mississippi, 2003)
Barnes v. State
854 So. 2d 1 (Court of Appeals of Mississippi, 2003)
Chambers v. State
800 So. 2d 1178 (Court of Appeals of Mississippi, 2001)
Marlon Latodd Howell v. State of Mississippi
Mississippi Supreme Court, 2001
Gulley v. State
779 So. 2d 1140 (Court of Appeals of Mississippi, 2001)
Viola Gray v. State of Mississippi
Mississippi Supreme Court, 1999
Steed v. State
752 So. 2d 1056 (Court of Appeals of Mississippi, 1999)
Mason v. State
736 So. 2d 1053 (Court of Appeals of Mississippi, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
537 So. 2d 1325, 1989 WL 1318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-state-miss-1989.