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RICHARD GALLION v. STATE OF MISSISSIPPI

MAY 22, 1985

RICHARD GALLION
v.
STATE OF MISSISSIPPI



BEFORE PATTERSON, HAWKINS AND PRATHER

PRATHER, JUSTICE, FOR THE COURT:

Appellant Richard Gallion was convicted of armed robbery in the Circuit Court of Hinds County, and sentenced to life in the custody of the Mississippi State Department of Corrections.

Gallion appeals assigning as error:

 (1) Appellant was denied a fair trial by the introduction of details surrounding prior convictions and evidence of other crimes; and

 (2) Appellant was denied effective assistance of counsel.

 On October 19, 1981, the Poindexter Branch of the First National Bank, located on the corner of Rose and Capitol in Jackson, Mississippi, was robbed by two males. The men entered the bank around 10:00 a.m. and proceeded to the window of head teller Ethel Fisher. One of the men, wearing a sheer blue ladies scarf over his face, stepped up to the window and asked for money. The other man, who was wearing a straw hat, pointed a pistol at Fisher while the first man stuffed the money in a bag. Fisher identified appellant Gallion as one of the men that robbed the bank.

 After robbing Fisher, the men proceeded to the window of teller Tamala Thompson. Thompson handed over approximately $4,000 in cash to the man wearing the blue scarf while the man wearing the straw hat pointed a pistol at her. After robbing Thompson, the two men exited the bank.

 Brenda Burse, bank teller, Inez Little, bank secretary, and A. D. Montgomery, a bank customer at the time of the robbery, each identified the appellant as the man who held the gun during the robbery.

 Detective J. W. Monroe of the Jackson Police Department discovered a sheer blue scarf in some bushes approximately 50 yards from the bank. Monroe found a straw hat stashed between two gas meters in a nearby neighborhood. At trial, bank tellers Fisher, Thompson and Burse recognized the scarf and the hat as those worn by the men who robbed the bank.

 Detective C. M. Crisco recovered a portion of a sheer

 blue scarf and other items of clothing while searching the basement of an abandoned house located next door to the residence of appellant's sister, Hilda Gallion. At trial, Fisher, Thompson and Burse recognized the clothing as resembling that worn by the men who robbed the bank.

 Appellant Richard Gallion, 22 years old, denied robbing the bank. Gallion testified that on the morning of October 19, 1981, he walked from his residence on Whitfield Mill Road to his sister's house on Hunt Street, arriving around 8:30 a.m. Gallion testified that between 9:30 and 10:00, he and his sister drove to the Unifirst Bank on Capitol Street. Gallion stated that he remained in the car with his sister's children while his sister went inside to make a withdrawal. Appellant's sister, Hilda Gallion, corroborated the appellant's alibi. James Anding, assistant vice-president of Unifirst Savings & Loan, confirmed a withdrawal from Hilda Gallion's account at 9:51 a.m. on October 19, 1981.

 I.

 Whether appellant was denied a fair trial by the introduction of details surrounding prior conviction and evidence of other ...


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