BEFORE PATTERSON, HAWKINS, AND PRATHER
PRATHER, JUSTICE, FOR THE COURT:
The defendant, Ronnie Franklin, was tried and convicted in the Circuit Court of Pearl River County, Judge R.I. Prichard, III presiding, of burglary of a dwelling. He appeals his conviction and sentence of ten years, arguing that:
(1) The court erred in admitting an oral statement made by the defendant at the time of his arrest that was not revealed after a purported verbal request for discovery; and
(2) The court erred in granting state's instruction on aiding and abetting the commission of the burglary.
Margaret Siler and her husband, Ervin Siler, resided in a home located in Pearl River County, near Picayune. Residing with them was their oldest daughter, Ginger, and her son, Joshua. Their oldest son, Kirk Siler, held a job in Louisiana, but lived with his parents on the weekends where some of his personal belongings remained.
On February 5, 1982, at a time when Ervin Siler was out of town and Kirk was working in Louisiana, Margaret and her
daughter and grandson left for Bogalusa, Louisiana. Before leaving they closed all windows and doors; however, the doors were not locked. Upon returning home, they discovered one of their dogs outside the house.
Upon Kirk's return home for the weekend, he discovered that his Browning .12 gauge shotgun was missing. Kirk's mother had last seen the gun three days earlier in Kirk's bedroom, and Kirk last saw it on the previous weekend when he showed it to a friend, C. T. Boone.
Detective Gary Hale of the Pearl River County Sheriff's Department was notified of the missing shotgun. Hale's investigation revealed that the defendant and C. T. Boone had taken the shotgun to a gun shop in Picayune where they sold the gun to the shop owner, Willie Ray Penton.
Detective Hale went to the Siler home and obtained a detailed description of the gun from Kirk. Kirk then accompanied Hale to the gun shop, but prior to being shown the gun, Kirk described in detail its case and the gun itself. Upon viewing, Kirk positively identified the case and the Belgium made Browning .12 gauge gun with identifying marks as his.
Penton told the authorities that on February 5, 1979, between 3:00 and 4:00 p.m., the defendant Ronnie Franklin and C. T. Boone, came into his shop with the Browning shotgun. Franklin claimed ownership of the gun, saying that his grandfather had given it to him. He sold it to Penton for $210.
With this information, Hale obtained an arrest warrant for Franklin, and on February 7th went to Franklin's home where he arrested Franklin ...