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03/13/96 BROWN v. STATE

March 13, 1996

BROWN
v.
STATE



Before McMILLIN, P.j., Diaz, And King, JJ.

The opinion of the court was delivered by: Diaz, J., For The Court

SAM BROWN, III A/K/A SAM BROWN, JR., APPELLANT v. STATE OF MISSISSIPPI, APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. JOSEPH H. LOPER, JR.

COURT FROM WHICH APPEALED: ATTALA COUNTY CIRCUIT COURT

BY: DEWITT T. ALLRED III

DISTRICT ATTORNEY: DOUG EVANS

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: FOUND GUILTY OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS

DISPOSITION AFFIRMED - 6/23/98

Sam Brown, III was convicted of murder and sentenced to serve the remainder of his natural life in the custody of the Mississippi Department of Corrections. From this conviction, he now perfects his appeal to this Court and argues (1) that the jury venire was tainted by the presence of the victim's mother in the jury panel during jury selection, (2) that the trial court erred in failing to suppress the defendant's videotaped statements, (3) that the trial court erred in granting the State's "aiding and abetting" jury instruction, and (4) that the jury's verdict was against the weight of the evidence. Finding his arguments without merit, we affirm.

FACTS

On the morning of March 28, 1994, Sam Brown, III and Atapius Truss were at Chiquite Miller's house when Brown announced that he and Truss were leaving together in order to pick up Brown's gun from Reginald Phillips's house. Testimony at trial revealed that Truss was carrying at least $1,500 when he left with Brown. Truss was not seen alive again after March 28. On April 5, 1994, Quincy Talley was fishing when he noticed a green barrel on the bank of the river. He went over to the barrel, unfastened the lid, and found Atapius Truss's body inside. An autopsy was performed on the deceased which revealed that Truss died from a gunshot wound to the back of his head. Sheriff Troy Steed subsequently ordered an investigation of Brown's vehicle, which indicated the presence ...


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