BEFORE ROY NOBLE LEE, PRATHER AND SULLIVAN
PRATHER, JUSTICE, FOR THE COURT:
The defendant, Rexie Collins, was tried for the murder of Eloise McAllister Judon in the Circuit Court of Union
County, Circuit Judge W. W. Brown presiding. The jury found the defendant guilty, and he was sentenced to life in the Mississippi Department of Corrections.
The defendant brings this appeal arguing that the court erred:
(1) In allowing certain pictures to be introduced into evidence;
(2) In refusing to grant a circumstantial evidence instruction; and
(3) In refusing a new trial on the ground of state's non-disclosure prior to trial of two witnesses' written statements, which were contradictory to the witnesses' testimony at trial.
On June 15, 1982, the badly decomposed body of Eloise McAllister Judon was found in a rural area of Union County, near Bratton Road, a road known as a "lovers' lane" . The body was clothed in blue jeans and a light pink blouse, and barefooted. The cause of death was confirmed by pathologist Michael Todd to be multiple wounds to the chest area.
Bubba Johnson, who lived about 200 yards from where the body was found, and an acquaintance of the decedent Judon, told the Sheriff's Department that the decedent and defendant Collins had frequently used Bratton Road as a route to a fishing spot. Johnson also told the officers that the decedent and Collins were having a relationship, but recently decedent had been going with another man named Mac Bean.
Collins admitted having a close relationship with the decedent, but stated that he had not seen her during the two weeks prior to the discovery of her body.
However, two persons, William Ivy and Michael Ivy, saw Collins with the decedent on Sunday, June 13, two days before her body was found. William Ivy saw the couple around 6:00 p.m. that Sunday on Bratton Road. Michael Ivy saw them leave a local pool hall in New Albany around 10:45 p.m. Sunday night. At ...