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MARGUTT WILLIAMS a/k/a MARGARET WILLIAMS v. STATE OF MISSISSIPPI

DECEMBER 11, 1985

MARGUTT WILLIAMS a/k/a MARGARET WILLIAMS
v.
STATE OF MISSISSIPPI



BEFORE ROY NOBLE LEE, SULLIVAN and ANDERSON

ROY NOBLE LEE, PRESIDING JUSTICE, FOR THE COURT:

Margutt Williams, a/k/a Margaret Williams, was indicted, tried and convicted in the Circuit Court of Bolivar County for the murder of George Robinson and was sentenced to serve a term of life in custody of the Mississippi Department of Corrections. She has appealed from the judgment of the court and assigns two errors in the trial below.

At approximately 3 a.m. on the morning of August 11, 1984, appellant, age 31 years, shot and killed her on-again off-again paramour, George Robinson, at the Club 99 in Shelby, Mississippi. Earlier in the evening, the appellant and victim had engaged in arguments and appellant was heard to make the statement that she was going to kill Robinson. Subsequently, she shot him to death with a single shot .22 Derringer. The shooting occurred in the presence of several eyewitnesses, appellant was read her Miranda rights by investigating officers, confessed to shooting Robinson and signed a confession, which was introduced into evidence. Pertinent parts of the confession follow:

 [S]o then just like I say when I get mad, you know, my nerves start messing with me, and when my nerves get up-set, I ain't got no control over them . . . and if I got something in my hand I am going to throw it, or you know I be sorry afterwards, but that's just the way I am . . . and so that's what it was all about . . . .

 Q. So what happened then?

 A. Then you know just like I say, when he drawed his hand back to hit me, I had the gun out on him, and I pulled the gun out, and I pulled it out shooting . . .

 Q. Is this the gun right here?

 A. Yes, sir . . the one shot yeah.

 Q. What you are saying that I just heard is a .22 Derringer, Ser#01212 . . . it's a name brand, "Talon Waterbury" CT . . . 22 single shot Derringer, and this is your gun?

 A. Yes.

 Q. And this is the gun that you shot George Roberson with?

 A. Yes.

 I.

 THE LOWER COURT ERRED IN OVERRULING APPELLANT'S MOTION FOR A NEW TRIAL ON THE GROUND THAT A GUN, WHICH HAD NOT BEEN INTRODUCED IN EVIDENCE, ON TRIAL, ...


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