BEFORE DAN LEE, P. J., PRATHER AND ROBERTSON, JJ.
PRATHER, JUSTICE, FOR THE COURT:
Central to the decision in this case is the determination of the admissibility of a confession resulting from an alleged unlawful arrest. This Court holds that the confession was properly admitted and affirms the conviction.
The appellant, eighteen year old Anthony Charles Bolton, was convicted in the Circuit Court of Simpson County, on change of venue from the Circuit Court of Perry County, of the crime of aggravated assault. He was sentenced to serve a term of twenty years in the custody of the Mississippi Department of Corrections. Feeling aggrieved of that judgment, he brings this appeal, assigning as error the following:
I. That the trial judge erred in ruling that the arrest was the result of a proper warrant; and
II. That the trial judge erred in finding that the confession was the result of a lawful arrest.
On December 21, 1982, Tina Fulmer was visiting her father, William L. Tucker, in Little Creek at his business known as the Beer Barn. The Barn sold beer, nick-knacks, candy, pizza, Cokes, drinks, and chips.
On December 21, 1982, at approximately 8:45 p.m., Ms. Fulmer and her father were sitting in the office of the Beer Barn watching television. Suddenly, gunfire erupted in the room. Ms. Fulmer, thinking that this noise was the sound of firecrackers, started to run. Looking behind her, Ms. Fulmer saw a person wearing a navy blue ski mask. The intruder was pointing a gun in the direction of Ms. Fulmer and her father.
Reacting out of fear, Ms. Fulmer fell to the floor. The next thing she heard was the sound of money being taken from the cash register. Ms. Fulmer managed to get to her feet, and observed that her father was slumped down in a chair and had blood running from his nose.
Seeing her father in this condition, Ms. Fulmer began to feel dizzy and nauseous. At this point, she recognized she had also been hit by gunfire.
Unable to walk, Ms. Fulmer started crawling to the highway to get help. Subsequently, Ms. Fulmer was found by a Mr. David Scales, who with the assistance of his mother, helped to get medical assistance for Ms. Fulmer. She had been shot twice in the back. Ms. Fulmer suffered serious injuries, but recovered. Her father, however, died from the gunshot wounds.
Following the foregoing incident, Jimmy Smith, the
Sheriff of Perry County, conducted an investigation of the shooting. Pursuant to a tip from Robert Holmes, the sheriff arrested Hugo Hugger, Anthony Carl Bolton, and Anthony Charles Bolton on a charge of capital murder of Mr. Tucker. The appellant, Anthony Charles Bolton, and his accomplices gave statements concerning the capital murder charge. Subsequently, an indictment of aggravated assault upon Tina Fulmer was returned against the appellant. *fn1
At a pretrial hearing on the aggravated assault charge, defense counsel raised an objection to the introduction of the defendant's video taped and written statement and sought to suppress them. Bolton's attorney requested that the court review the transcript from the prior suppression hearing on the capital murder charge in order to rule on the present suppression ...