White v. State

566 So. 2d 1256, 1990 WL 125784
CourtMississippi Supreme Court
DecidedAugust 29, 1990
Docket07-KA-59157
StatusPublished
Cited by6 cases

This text of 566 So. 2d 1256 (White 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
White v. State, 566 So. 2d 1256, 1990 WL 125784 (Mich. 1990).

Opinion

566 So.2d 1256 (1990)

William Wayne WHITE
v.
STATE of Mississippi.

No. 07-KA-59157.

Supreme Court of Mississippi.

August 29, 1990.

*1257 George M. Mitchell, Jr., C.P. Fortner, Jr., Fortner & Mitchell, Eupora, for appellant.

Mike C. Moore, Atty. Gen., Deirdre McCrory, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, C.J., and SULLIVAN and ANDERSON, JJ.

ROY NOBLE LEE, Chief Justice, for the Court:

William Wayne White was indicted, tried and convicted in the Circuit Court of Webster County on a charge of murder. The presiding judge, Honorable Clarence E. Morgan, Jr., sentenced White to life in the custody of the Mississippi Department of Corrections. White has appealed to this Court and presents six issues for determination.

FACTS

On Monday, July 21, 1988, at approximately 1:00 p.m., Leonard Fisher went to the home of Thomas Neal. He opened the screen door to Neal's home and knocked on the door. When he received no answer, Fisher opened the door and saw Neal's body lying on the floor with the head in a puddle of blood. Fisher went to a nearby store and requested the storekeeper to notify the sheriff.

Sheriff Bill Middleton, accompanied by the county coroner drove to the Neal residence in the Montevista community of Webster County where they determined that Neal was dead. They noted the condition of the body and the room, and conducted a preliminary investigation. Sheriff Middleton contacted the Crime Lab in Jackson and obtained the services of lab technicians and two crime investigators.

The officers observed three bullet wounds on the body, one on the forehead, one on the back of the skull, and one in the back of the neck. They found four 25-caliber automatic shell casings on the floor. A subsequent autopsy on the body revealed that one bullet entered the forehead and ranged front to back; one entered the back of the skull and ranged from back to front, horizontal with the floor; and one entered the back of the neck and ranged through Neal's left lung and entered his heart. The wound to the neck had burn marks on the skin, indicating that the muzzle of the gun was in "near contact" when fired, i.e., a distance of eighteen (18) to twenty-four (24) inches. The other two wounds were not classified as contact wounds or near contact wounds and they were fired from a distance. According to the pathologist, each wound was sufficient to cause the death of Neal.

On July 21, 1988, Sheriff Middleton and Officers Billy Gore and Larry Butler of the Mississippi Highway Patrol, went to the residence of the appellant. When asked whether he had a 25-caliber automatic pistol, appellant stated that he had one but had lost it or someone had stolen it in the last couple of days. Inquiry was made as to whether or not appellant had been to Neal's house on July 19. Appellant admitted that he had and that he also had been to the homes of Nancy Helms and Tommy Brown the same night. The sheriff arrested appellant and confined him in the Webster County jail.

The officers contacted Nancy Helms and she testified at trial that the appellant came to her house around 7:00 p.m. and stayed until about 8:30 p.m. during which time he ate supper; that she told appellant Neal had been to her house and the appellant stated that he was going to kill Neal; and that appellant had been drinking and she thought he was joking.

After questioning Nancy Helms, the officers returned to the Webster County Jail and questioned appellant. Sheriff Middleton testified about that conversation as follows:

Q: Now, did the Defendant actually — did you actually ask the Defendant any questions at the jail and did he actually answer those questions?
A: Yes, sir, I asked him questions at the jail about if he understood his rights and he said he did and I asked him if he'd talk to us about the Thomas Neal killing up there and he finally said that he — he hesitated a little bit and he said, "Bill, *1258 you knew all the time that I killed him, didn't you?" I said, "Well, I felt like you did." And, he just looked at me and said that, and I said, "Wayne, what happened?" And, he said "Well, we got in an argument. I went by his house and we got in an argument about some dogs. He was talking about hunting." And, he said, "He told me he was going to whip my ass and I wasn't going to let him do that. So, I got out of my vehicle —" He said, when he got out of his vehicle, he had his — I said, "Where was your pistol? He said "When I got out of my vehicle, I put my pistol in my right front pocket and went in the house and set [sic] down on the couch." And, he said, "When he told me he was going to whip me, well, I got up and started shooting, and I was — I guess I hit him in the head several times." said, "That's where I was shooting for." And, he said, "Wasn't he hit in the head?" And, I said, "Yeah, he was." And, I asked him where the weapon was and he said that I could get — go talk to his mother and daddy and get the weapon. That's what he told us, and said we could go talk to them and get the weapon. And, we did.
Q: Now, Sheriff, it's unclear in my mind. What reason, if any, did the Defendant give you for shooting Thomas Neal when you talked to him at the Sheriff's office?
A: Only reason that he told us was that they got in an argument about some dogs and he said Thomas Neal told him he was going to whip his ass — that's his exact words — and he said, "I wasn't going to let him do that." And, said, "I come out with my pistol" And, said "I started shooting." And, said, "I was aiming for his head." Said, "I shot several times." And, said, "That's where I should have hit him." And, asked me if that's where he was hit and I told him it was.

After conferring with the appellant and returning him to his jail cell, Sheriff Middleton went to the home of appellant's parents and recovered the 25 caliber automatic pistol wrapped in tinfoil from a hole in the hall of a barn. Steve Byrd, a forensic scientist with the Mississippi Crime Laboratory, testified that the projectiles and casings recovered from Neal's house were fired from the pistol found in the barn. The officer's investigation further revealed that Neal was approximately 5'9" tall and weighed approximately 250 pounds. At the time of his death, Neal's blood alcohol level was .21. Appellant testified in his own behalf and stated that he was forty-four (44) years old, 5'4" tall and weighed approximately 150 pounds; that, on the day of the shooting, he went by Nancy Helms' house about 7:30 p.m.; that he ate supper with her and left about 8:30 p.m. and went to Tony Brown's house where he stayed until about 9:30 p.m.; that he decided to stop by Neal's house for a "friendly talk". He denied making any statements to Nancy Helms about Neal; and denied that he had his pistol in his pocket when he stopped at Neal's house.

Appellant further testified that Neal was drinking heavily when he saw him at his home; that Neal cursed him and threatened to kill him, and grabbed him by the throat and started choking the appellant; that appellant reached in his hip pocket, got his pistol and shot Neal until he turned him loose; that he shot Neal the first time in the back of the neck while Neal was choking him; that Neal did not fall and kept holding him and that he shot him again in the back of the head; that Neal staggered back but still grabbed for him and he shot Neal between the eyes, whereupon Neal went backwards and fell. Appellant claimed self-defense in the shooting.

LAW

I.

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

Related

King v. State
739 So. 2d 1055 (Court of Appeals of Mississippi, 1999)
Turner v. State
721 So. 2d 642 (Mississippi Supreme Court, 1998)
Warren v. State
709 So. 2d 415 (Mississippi Supreme Court, 1998)
Timothy Turner v. State of Mississippi
Mississippi Supreme Court, 1997
Patrick N. Warren v. State of Mississippi
Mississippi Supreme Court, 1992
King v. State
580 So. 2d 1182 (Mississippi Supreme Court, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
566 So. 2d 1256, 1990 WL 125784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-state-miss-1990.