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JAMES WILLIS BARFIELD v. STATE OF MISSISSIPPI

MAY 16, 1984

JAMES WILLIS BARFIELD
v.
STATE OF MISSISSIPPI



BEFORE PATTERSON, HAWKINS AND PRATHER

HAWKINS, JUSTICE, FOR THE COURT:

James Willis Barfield appeals from his conviction of murder in the Circuit Court of Attala County and sentence to life imprisonment.

The only question we address on this appeal is the refusal of the trial court to grant a mistrial following an alleged comment by the state on the refusal of the defendant to testify at a preliminary hearing.

 Under the facts of this case, we find no error and affirm.

 Barfield killed his cousin John Lewis Fleming on the 14th day of November, 1981. There were two eyewitnesses to the slaying. His defense was a combination of accident and self-defense. There is no need to review the evidence, which amply supported the verdict.

 Barfield was indicted for murder on February 22, 1982, and at his trial in March, 1982, he took the stand in his own defense. After testifying on direct examination in support of his claim of self-defense, the record shows the following:

 BY MR. SNYDER:

 Q. Who did you tell - when did you tell the sheriff that you shot in self-defense?

 A. I told the sheriff I shot in self-defense?

 Q. Yes.

 A. I don't remember telling him that.

 Q. When did you tell the highway patrolman who was out there that you shot John Fleming in self-defense?

 A. I don't remember telling him that.

 Q. When did you tell Officer Bee Hudson that you shot the ...


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