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WILLIAM SHAW v. STATE OF MISSISSIPPI

DECEMBER 09, 1987

WILLIAM SHAW
v.
STATE OF MISSISSIPPI



EN BANC.

DAN LEE, PRESIDING JUSTICE, FOR THE COURT:

William Shaw appeals from the Circuit Court of Neshoba County wherein he was convicted of murder in the September 7,

1985, shooting death of Arnold Milam. The case was tried November 6 and 7, 1985, in Attala County on a change of venue from Neshoba County. Shaw assigns these errors on appeal:

 I. THE COURT ERRED IN NOT QUASHING THE INDICTMENT BECAUSE NO RECORD OF WITNESSES SWORN BEFORE THE GRAND JURY WAS FILED WITH THE COURT AS REQUIRED BY STATUTE.

 II. THE TRIAL COURT ERRED IN ALLOWING THE STATE TO INTRODUCE EVIDENCE OF ANOTHER AND SEPARATE OFFENSE.

 III. THE COURT ERRED IN OVERRULING DEFENDANT'S OBJECTION TO ANY TESTIMONY CONCERNING THE BULLET MARKED FOR IDENTIFICATION" 4 "TO THE TESTIMONY OF DEPUTY GREG GEORGE BECAUSE THE SAME HAD NOT BEEN PRODUCED PRIOR TO TRIAL IN VIOLATION OF A STANDING ORDER OF DISCOVERY OF THE CIRCUIT COURT OF NESHOBA COUNTY, MISSISSIPPI, AND AFTER NUMEROUS REQUESTS FROM DEFENSE COUNSEL.

 IV. THE COURT ERRED IN OVERRULING THE DEFENDANT'S MOTION FOR A DIRECTED VERDICT AND REFUSAL OF DEFENDANT'S INSTRUCTION NO. 1 AND DEFENDANT'S INSTRUCTION NO. 17.

 Finding no errors, we affirm.

 William Shaw was divorced from Mary Bell Shaw on May 26, 1981; thereafter, they lived separately but near each other in Neshoba County in the Rockey Hill community several miles outside Philadelphia, Mississippi.

 Saturday, September 7, 1985, Mary Bell Shaw and Arnold Lee Milam were found shot to death at or near Mary Shaw's home. Milam was found in a pool of blood in the kitchen, a gunshot wound to his head. Mary Bell Shaw was found in a road some 70 to 75 yards away from the house.

 Somewhere between 5 and 6 p.m., that day five men were hunting doves in the field which lay across an access road from Mary Bell Shaw's house with her permission. Three of the hunters heard what sounded like a scream for help coming from the general direction of Mary Bell Shaw's house. After the scream there was a pause and there followed what sounded like a gunshot.

 Soon William Shaw appeared in the field. William told the five to accompany him back to the house. In his right hand

 he carried a pistol.

 The group went back to the access road and spotted Mary Bell Shaw lying in the road, motionless. They walked past without stopping to check on her as William led them up to the house. William entered alone and the men heard nothing for five to ten minutes until he emerged.

 When Shaw returned, he offered to show one of the hunters another body inside. When Leverett declined the offer, Shaw made a disparaging remark about his ex-wife and the second body inside the house, later identified as Milam.

 When Shaw came out he put the pistol in his britches and said," don't nobody come in this house. "He said he was sorry they had to see that, but someone would be out soon to clean up the mess. Shaw then departed.

 Sometime around 6:10 p.m., the Neshoba County Sheriff's Department dispatcher received a telephone call from someone identifying himself as William Shaw who left his name since the Sheriff was not available. The same caller called back ten minutes later and left his telephone number. During the second call, the man said," I need ...


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