COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT
Before Pittman, P.j., McRAE And Roberts, JJ.
The opinion of the court was delivered by: McRAE, Justice, For The Court:
DATE OF JUDGMENT: 11/21/95
TRIAL JUDGE: HON. JOHN LESLIE HATCHER
NATURE OF THE CASE: CRIMINAL - FELONY
MOTION FOR REHEARING FILED:
¶1. Appellants Bobbie Jones and Latroy "Duke" Daniels were convicted of manslaughter and murder, respectively, in the 1995 shooting death of Joseph "Faygo" McClenton. Jones and Daniels appealed this decision based on several assignments of error. Finding no merit in any of the appellants' assignments of error, we affirm.
¶2. On Friday, May 19, 1995, Jones and her boyfriend, Laten Hemingway, traveled to Shelby, Mississippi. Upon arrival, they stopped at Pablo's, moved on to the Do-Drop Inn, which is about one block from Pablo's, and eventually ended up back at Pablo's. Other patrons who were at Pablo's included Gloria "Bowley" Green, Roosevelt "Rooster" Funchess, and Bessie Anderson.
¶3. Daniels, the son of Bobbie Jones, was also in Shelby on May 19, 1995, visiting friends and patronizing various nightclubs. Eventually Daniels found his mother and her boyfriend at Pablo's. Daniels testified that he borrowed fifty cents from his mother to buy ice for drinks. He said that afterward, he left to retrieve a .25 caliber pistol which he kept under a bridge about 200 yards from where McClenton was shot later that evening.
¶4. Apparently, Daniels, McClenton and others were drinking alcohol and smoking marijuana on the night of the shooting. Daniels showed McClenton the gun, and McClenton fired the gun into the air. Allegedly, this act started an argument between the two. Daniels testified that he sent the gun back by a friend, Kelvin "Kiddo" Green (one of Gloria Green's sons), and had Green put the gun in Hemingway's car.
¶5. Later that night, Daniels and McClenton again started arguing about the shooting of the gun by McClenton. Eventually they began pushing each other. Daniels then went to the car, opened the trunk and retrieved the gun. Rosalyn "Mossie" Britton, who had been outside the Do-Drop Inn, came into Pablo's to inform Gloria Green that Green's sons, Daniels, and McClenton were about to get into a fight. Green left Pablo's to get her own sons. Jones left a few minutes later to check on Daniels. She walked down the sidewalk to the Do-Drop Inn. McClenton told Jones that there was nothing to the fight between him and Daniels.
¶6. Meanwhile, Daniels was brandishing the gun. Gloria Green tried to hold Daniels back, but Daniels broke away from her. He approached McClenton, getting within ten or twelve feet of him. Daniels told others nearby to move. Then he fired the pistol, striking McClenton in the right temple and killing him instantly. Daniels threw down the gun and ran to the police station. At that time, Jones, who was near the fence next to the Do-Drop Inn, fell to the ground and began crying hysterically.
¶7. On September 26, 1995, the grand jury of Bolivar County returned an indictment against Jones and Daniels for the McClenton murder. The defendants were tried jointly for the crime on October 23, 1995. The jury returned verdicts on October 25, 1995, finding Jones guilty of manslaughter and Daniels guilty of murder. Jones subsequently filed a motion for JNOV/new trial, which was summarily denied by the trial Judge. The jury then sentenced Jones to sixteen years with eight years suspended upon completion of the first eight years. Daniels received life imprisonment.
¶8. It is from these convictions and sentences that Jones and Daniels appeal to this Court. On appeal, each defendant filed a separate brief.
II. JONES'S ASSIGNMENTS OF ERROR THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN NOT REQUIRING THE PROSECUTION TO TURN OVER THE PRIOR STATEMENT OF LATEN HEMINGWAY TO THE DEFENSE WHEN THE PROSECUTION'S CROSS EXAMINATION IMPEACHED LATEN HEMINGWAY WITH HIS PRIOR INCONSISTENT STATEMENT.
¶9. Jones first alleges that the trial court should have required the prosecution to turn over a previously taped statement of Laten Hemingway which was used to impeach him at trial. The State responds that the issue is procedurally barred because Jones did not object or move for continuance or mistrial. Additionally, the State argues that Jones failed to request the statement during Hemingway's examination, and when she did, she did not specify which witness statements she wanted.
¶10. Jones relies on Rule 613(a) of the Mississippi Rules of Evidence, which requires that a prior statement used to examine a witness shall be ...