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JIMMY LEE PEARSON v. STATE OF MISSISSIPPI

MARCH 09, 1983

JIMMY LEE PEARSON
v.
STATE OF MISSISSIPPI



BEFORE BROOM, PRATHER AND ROBERTSON

ROBERTSON, JUSTICE, FOR THE COURT:

I.

On the morning of October 22, 1981, the home of A. B. Crudup near Pulaski, Scott County, Mississippi, was burglarized. In due course Jimmy Lee Pearson, defendant below and appellant here, and Danny Paul Hicks were formally charged with this burglary in indictments returned by the Scott County Grand Jury. After severance, the case against Jimmy Lee Pearson was called for trial on the morning of Monday, March 8, 1982. That afternoon, after hearing all of the evidence and receiving the instructions of the court and the arguments of counsel, the jury found Pearson guilty of the charge of burglary. The Circuit Court thereupon imposed the maximum allowable sentence, ten years. Miss. Code Ann. 97-17-19 (1972).

 Pearson thereafter timely filed a motion for a new trial, attacking both his conviction and sentence. The Circuit Court overruled the motion. Pearson then filed a motion to reduce his sentence to a term in line with plea bargain offers he had received before trial. This motion likewise was overruled.

 Pearson has perfected his appeal to this Court where he again attacks both his conviction and sentence. We affirm.

 II.

 Stating them as we must in the light most favorable to the verdict, the facts are as follows: A. D. Crudup, his wife Kathleen and three of his children live in a home some three-quarters of a mile east of the Pulaski community, which is in turn some seven miles south of Morton, Mississippi. On the morning of October 22, 1981, Mr. and Mrs. Crudup left for work as usual; the children, of course, went to school. The house was left locked.

 That morning Jimmy Lee Pearson and his half-brother, Danny Paul Hicks, were riding in an automobile traveling toward Pulaski. Hicks was driving. Pearson told Hicks to stop and let him out of the car and to come back and pick him up later. Hicks said he was going to town to see someone about making some repairs to his car. He let Pearson out within walking distance

 of the Crudup home. Pearson then walked to the Crudup home and broke into and entered the same. He carried away, among other things, a small tabletop television and a .410 gauge shotgun.

 After the completion of his criminal deeds, Pearson returned to the roadside where he was picked up by Hicks. Hicks then drove the two to Hicks' home where the fruits of the burglary were deposited. The two then borrowed a truck and picked up yet another companion, Sammy Holifield. The three returned to Hicks' home and picked up the stolen items and thereafter sold some of them.

 On November 9, 1981, Hicks was arrested in connection with the crime. Hicks gave a statement to law enforcement officials implicating Pearson. On November 13, 1981, Pearson was arrested and orally confessed the burglary.

 As indicated above, Pearson, now 36 years old, has been indicted, tried and convicted of the crime of burglary and sentenced to a term of ten years. Hicks was allowed to plead guilty to a charge of accessory after the fact of burglary and received a five-year probationary sentence. Holifield has never been indicted.

 III.

 On this appeal Pearson urges as error the refusal of the Circuit Court to direct a verdict of acquittal or, in the alternative, to grant him a new trial. The sole basis for this contention is Pearson's argument that the verdict "was tainted ...


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