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OTHA LEE ROBINSON v. STATE OF MISSISSIPPI

NOVEMBER 05, 1986

OTHA LEE ROBINSON
v.
STATE OF MISSISSIPPI



BEFORE WALKER, C.J., DAN LEE AND GRIFFIN, JJ.

WALKER, C.J., FOR THE COURT:

Otha Lee Robinson was convicted of murder in the Circuit Court of Lowndes County and sentenced to life imprisonment. From that conviction he appeals. Finding no error, we affirm.

In August of 1980, Otha Lee Robinson, a thirty (30) year old native of Macon, Mississippi, went to Columbus, Mississippi, in search of employment. He arranged to share a house there with James Henry Harris. After several weeks Harris insisted that Robinson move out because Robinson had failed to pay his share of the household expenses.

 On the morning of September 9, 1980, Robinson drove to the home of Annie Pearl Cox, Harris' neighbor. He was drinking what he described as" home-brew. "During his conversation with Cox, Robinson stated that he was going to kill James Henry Harris. Cox did not believe he was serious.

 That same morning Cox and Robinson went to the home of Catherine Williams, who lived nearby. While in the Williams home Robinson went into the bathroom. Immediately afterward, as Robinson left the house, Williams noticed a pistol in his pants pocket.

 Robinson then proceeded to Harris' house, where Sid White, another neighbor, happened to be visiting. Sid White was sixty-eight (68) years old. James Henry Harris was also in his sixties and used a walker because of arthritis. Robinson went into the house, shot White, and then shot Harris. White died of a single gunshot wound above the left ear, and Harris was treated for three (3) gunshot wounds to the head.

 According to Harris' testimony Robinson walked into the house and, without saying a word, shot White and then Harris.

 Robinson's testimony was as follows: When Robinson

 entered the house, Harris and White accused him of" messing with people's wives and women "and attacked him. Harris was armed with a knife and a length of pipe, and White with a length of pipe. When the men attacked him, Robinson pulled the gun and, as they struggled, the gun fired by accident, striking White. Then Robinson turned and fired at Harris.

 Sid White's wife Addie was at home nearby. After hearing the shots, she looked out her window and saw Robinson walk quickly away from Harris' house and get into a passing automobile.

 That automobile was driven by Eadie McPeace. McPeace's passenger, who was acquainted with Robinson, asked McPeace to give Robinson a ride. McPeace took Robinson to an automobile repair shop. From there Robinson went to Macon where he turned himself in to the sheriff. There is conflicting testimony as to whether Robinson had sustained a knife wound. When White's body was found, a square-blade knife was in his left hand. His wallet was on the floor near his body.

 Robinson was tried in the Circuit Court of Lowndes County. After the jury found him guilty of murder, the trial judge sentenced him to life imprisonment. From that conviction Robinson appeals, assigning one error.

 On appeal Robinson raises a single issue: whether the trial court erred in admitting evidence of another crime.

 At trial the State introduced into evidence several photographs of the deceased. In one of these a wallet was visible a few feet from the body. Robinson testified in his own defense. On cross-examination the district attorney questioned him ...


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