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Jackson v. State

March 10, 1998

JACKSON
v.
STATE



Before Bridges, C.j., Coleman, And Diaz, JJ

The opinion of the court was delivered by: Diaz, 3

JAMES WESTLEY JACKSON A/K/A JAMES, APPELLANT WESLEY JACKSON 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

DATE OF JUDGMENT: 01/25/96

TRIAL JUDGE: HON. JANNIE M. LEWIS

COURT FROM WHICH APPEALED: YAZOO COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CAPITAL MURDER: SENTENCED TO SERVE A TERM OF LIFE IMPRISONMENT IN THE CUSTODY OF THE MDOC WITHOUT THE POSSIBILITY OF PAROLE

DISPOSITION AFFIRMED - 03/10/98

James Jackson was convicted of capital murder in the Yazoo County Circuit Court and sentenced as an habitual offender to life without parole in the MDOC. Jackson now appeals to this Court alleging five errors. Finding no error, we affirm the lower court's ruling.

FACTS

Hargon's Grocery, a small store in Vaughn, Mississippi was robbed by three men. Two men entered the store, while one man stayed in the car awaiting the getaway. The owner of the store, Dan Hargon, was shot and killed during the robbery.

An eyewitness, Charles Nichols, drove up to the store while the robbery was in progress, and although he could not identify the men, he described the getaway car as a light green Lincoln with a dark green top. Officers later discovered that the car was owned by Forest Branch. After being arrested, Branch gave a statement claiming that Jackson and Ronnie Wright planned the robbery, and they went in the store while Branch waited in the getaway car. In this initial statement, Branch said that after the robbery Wright said, "Damn, I killed a man for $117." Later, Branch changed his story and said that it was Jackson not Wright who made that statement.

Madison County Sheriffs officers arrested Wright and Jackson. Branch plead guilty to armed robbery. Wright stood trial for capital murder, was found ...


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