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JIMMY POWELL A/K/A JAMEL HOBSON v. STATE OF MISSISSIPPI

FEBRUARY 12, 1986

JIMMY POWELL A/K/A JAMEL HOBSON
v.
STATE OF MISSISSIPPI



BEFORE WALKER, HAWKINS AND ROBERTSON

HAWKINS, JUSTICE FOR THE COURT:

Jimmy Powell, also known as Jamel Hobson, appeals from his conviction of armed robbery in the circuit court of Rankin County and sentence to life imprisonment. We affirm.

The only issue we discuss is whether the circuit judge

 erred in permitting the state to impeach Powell's testimony on cross-examination by use of confessions which the court had ruled inadmissible in the state's case-in-chief. Under the facts of this case, for the reasons stated, we deem the cross-examination proper.

 Powell's assignment that the verdict of the jury is contrary to the weight of the evidence does not merit discussion.

 FACTS

 On Thursday, June 30, 1983, during the noon lunch hour, a masked gunman robbed the Richland branch of the Central Bank of Mississippi, located on Highway 49 South in Rankin County, of $27,597.00. Three bank employees were in the bank at the time. The robber left an empty pillow case. None of the employees was able to identify the robber.

 On July 8 Powell gave a confession to law enforcement authorities reduced to writing, and on July 11, 1983, he gave two additional statements to the authorities, likewise reduced to writing.

 On July 14, 1983, the grand jury of Rankin County indicted Powell, Arthur Sutton and one Kenny Adams, also known as Kenny Taylor, for this robbery, in violation of Miss. Code Ann. 97-3-79 (1972).

 M.C. Horton testified for the state that Powell told him prior to the robbery he was going to steal a car and rob a bank, and on the evening news following the robbery, when a red and white Ford automobile used in the robbery was flashed on the television screen, Powell told him that was the car he had used. Horton's brother, Jerry, also testified to hearing Powell make the statement that the car shown on the television news program was the car that he had used in the robbery. There is no necessity to detail the evidence; there was sufficient evidence, aside from confessions to make a jury issue on the guilt of Powell.

 In the state's case-in-chief, the circuit judge conducted a hearing in chambers to determine whether the confessions were freely and voluntarily given and met the conventional tests on this question.

 All three confessions were made in Rankin County. The time and identify of the persons present (besides Powell) at each confession are as follows:

 FIRST CONFESSION EXHIBIT D-2

 Time:

 8:00 p.m., Friday, July 8, 1983 (began) Saturday, July 9, 1983 (ended)

 Persons present:

 (1) Kenneth Dickerson, Chief Deputy Rankin County Sheriff's Department

 (2) David S. Cavanaugh, Special Agent Federal Bureau of Investigation

 (3) Willie H. Covington, Special Agent Federal Bureau of Investigation

 (4) Timothy Munson, Special Agent Federal Bureau of Investigation (in and out during questioning)

 (5) Morris Atkinson, Chief of Police City of Richland

 SECOND CONFESSION

 EXHIBIT D-3 Time:

 1:20 p.m., Monday, July 11, 1983

 Persons present:

 (1) Kenneth Dickerson, Chief Deputy Rankin County Sheriff's Department

 (2) J.G. (Jimmy) Dixon, Lieutenant Jackson Police Department

 (3) Jimmy D. Boxx, Investigator Bureau of Criminal Investigation Mississippi Department of Public Safety

 (4) Joseph S. (Joey) Gounce, Investigator Bureau of Criminal Investigation Mississippi Department of Public Safety

 THIRD CONFESSION EXHIBIT D-4

 Time:

 2:34 p.m., Monday, July 11, 1983

 Persons present:

 (1) Kenneth Dickerson, Chief Deputy Rankin County Sheriff's Department (in and out during questioning)

 (2) Joseph S. (Joey) Gounce, Investigator Bureau of Criminal Investigation Mississippi ...


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