Winters v. State

449 So. 2d 766
CourtMississippi Supreme Court
DecidedFebruary 15, 1984
Docket54093
StatusPublished
Cited by80 cases

This text of 449 So. 2d 766 (Winters 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
Winters v. State, 449 So. 2d 766 (Mich. 1984).

Opinion

449 So.2d 766 (1984)

Arletha WINTERS
v.
STATE of Mississippi.

No. 54093.

Supreme Court of Mississippi.

February 15, 1984.

*767 Charles S. Head, Lee B. Agnew, Jackson, for appellant.

Bill Allain, Atty. Gen. by Charles W. Maris, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, C.J., and PRATHER and ROBERTSON, JJ.

ROBERTSON, Justice, for the Court:

I.

On December 9, 1981, Thomas John McGee, then aged sixteen, made a bungling attempt to rob at gunpoint the Tinnin Road Grocery in rural Hinds County. In due course, Arletha Winters, defendant below and appellant here, and McGee were formally charged with armed robbery in indictments returned by the Hinds County grand jury. After McGee entered a plea of guilty, Winters was put to trial on the morning of February 23, 1982. After hearing all of the evidence and receiving the instructions of the court and the arguments of counsel, the jury found Winters guilty of the charge of armed robbery. The circuit court thereupon imposed a sentence of twenty-five years within the custody of the Mississippi Department of Corrections.

Displeased with the outcome of the proceedings below, Winters has appealed. We affirm.

II.

Arletha Winters, Thomas John McGee and one Betty Brown went to the Tinnin Road Grocery on December 8, 1981. The trio remained in the store for about half an hour on that day, playing pool and pinball in a back room. Mrs. Winnie Kelly, one of the proprietors of the store, remembered both Winters and McGee and was able to identify them at trial. Mrs. Kelly also remembered that the trio was traveling in a maroon Grand Prix automobile.

On the following day, December 9, 1981, Winters, McGee and Brown returned to the store at approximately 12:30 p.m. At that time, McGee walked into the store and pulled a gun on Mrs. Kelly, the sole store attendant present at the time. Mrs. Kelly yelled to her husband who was in the back. When he answered, she yelled back that there was a boy in the store with a gun on her. This apparently scared McGee, and he ran out of the store empty-handed.

Witnesses testified that McGee ran toward and got into the back seat of the same maroon Grand Prix automobile that had been there the day before. The car drove off slowly.

Thomas McGee testified that Arletha Winters had devised the entire operation. He said that Winters had arranged for the use of Ruby Brown's automobile that day. He stated that Arletha Winters, who was *768 five years his senior, planned the robbery and that she furnished the gun with which he attempted to rob the Tinnin Road Grocery. He testified that Winters was in the automobile at the time of the robbery attempt. When he got back to the car, McGee said that Winters asked him what had happened, and he told her that the robbery attempt had failed. The three then drove back to Jackson, and Winters took McGee home.

At trial, Winters vehemently denied any involvement in the robbery attempt, although in a post-arrest statement to law enforcement officers she acknowledged her presence at the scene. She suggested that McGee had implicated her in order to secure a more favorable treatment from the state for his involvement in the robbery. To be sure, the most substantial evidence implicating Winters was the testimony of McGee. For reasons set forth below, however, the McGee testimony was substantial and not inherently incredible. Suffice it to say that the jury resolved all credibility issues against Winters as it returned a verdict of guilty as charged in the indictment.

III.

A.

Winters charges here that the trial court improperly restricted her efforts to offer character evidence. The challenged rulings occurred as follows:

First, Ruby Brown, a friend of Winters, was asked:
Now, Mrs. Brown, do you know the general reputation of Arletha Winters in the neighborhood or in the community where she resides or has resided for commission of crimes such as she is being charged with here?

The state objected to this question, and the objection was sustained.

Second, Ruby Nell Winters, the mother of the defendant, was asked on direct examination:

Do you know her general reputation for the commission of crimes such as she's charged with here?

Again, the state objected, and again the objection was sustained.

On this appeal, Winters charges that each of these rulings was error, that by virtue of each of these rulings she was improperly limited in her offer of character evidence and, as a result thereof, the case should be reversed and remanded for a new trial.

During the direct testimony of Ruby Brown, defense counsel inquired regarding Winters' reputation in the community in which she lives for peace or violence. The witness answered that she knew of Winters' reputation in this regard and that it was good. When the same matter came up on the examination of Ruby Nell Winters, defense counsel objected strenuously to being limited to a question regarding Winters' general reputation in the community in which she lives for peace or violence. Defense counsel argued:

I'm saying it doesn't have to be peace and violence. As a matter of right, she is entitled to her general reputation of character pertaining to traits of the type involved in the charges against her in this case.

The trial judge reiterated his ruling sustaining the objection to the form of the question propounded to Ruby Nell Winters as quoted above. Defense counsel declined to rephrase the question.

The defendant in a criminal prosecution, as a matter of right, may introduce evidence of his or her own good character. Rosser v. State, 230 Miss. 573, 577, 93 So.2d 470, 471 (1957). Proof of a character trait, however, may not be made by proof of specific past actions. The defendant is limited to offering testimony as to general reputation. Kearney v. State, 68 Miss. 233, 237-238, 8 So. 292, 293 (1890). Quoting from the Kearney case, this Court in Allison v. State, 274 So.2d 678 (Miss. 1973) stated:

One accused of crime may introduce evidence of his character such as would *769 make it unlikely that he would commit the crime with which he is charged, and having thus put his character in issue, it may in turn be attacked by the state. But neither the accused or the state may resort to particular facts to establish or refute the character thus put in issue. The reputation of the person, at most, what particular witnesses believe of him from his course of life, define the limits of the rule. One who puts his character in issue is supposed to be prepared to defend it by showing such habits as to generally impress the community or particular persons who knew him favorably. 274 So.2d at 682-83.

In Westbrooks v. State, 76 Miss. 710, 25 So. 491 (1892), the Court wrote:

Evidence of general character is admissible in criminal cases; but the evidence relating to such general character should be confined to the proper trait involved in the nature of the charge against the defendant.
76 Miss. at 713, 25 So. at 492.

Where the charge is armed robbery, the two character traits implicated are the accused's reputation for peace or violence as well as his or her reputation for truth and veracity. In DeAngelo v. State, 187 Miss. 84, 192 So. 444 (1939), the Court made this point unequivocally clear:

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Bluebook (online)
449 So. 2d 766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winters-v-state-miss-1984.