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[T] Conley v. State

June 16, 1998

DONALD CONLEY A/K/A DONALD ARTHUR CONLEY, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



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

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

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

DATE OF JUDGMENT: 9/3/96

TRIAL JUDGE: HON. FRANK VOLLOR

COURT FROM WHICH APPEALED: CIRCUIT COURT OF WARREN COUNTY

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CONVICTED OF MURDER, SENTENCED TO LIFE, AND ARMED ROBBERY, SENTENCED TO 29 YEARS.

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

This criminal appeal was perfected from the convictions of the appellant in the Warren County Circuit Court of murder and armed robbery. The appellant seeks reversal of his convictions due to the prejudicial effect of pretrial publicity and the insufficiency of the evidence presented against him.

I.

On July 22, 1995, Jack Brickhouse was found murdered in E-Z Mart 2, one of his Vicksburg convenience stores. An investigation of the crime scene revealed that approximately $3,000 in store receipts had been stolen. E-Z Mart 1 employees, Judy Brown Hall and Joseph Curro, were the last persons known to have seen Brickhouse alive. Hall testified that Brickhouse arrived at her store location at 3:50 a.m., just as he did every morning, to pick up the receipts from the previous evening. Hall last saw Brickhouse leave with the appellant, Donald A. Conley a/k/a Donald Arthur Conley. Conley, a drifter, performed various odd jobs for the victim. On the day of the murder, Conley was arrested in Jackson at a downtown boarding house. At the time of his arrest, Conley had in his possession approximately $1880.

Warren County law enforcement officials transported Conley back to Vicksburg where he was charged with murder and armed robbery. Conley admitted to stealing Brickhouse's money from his pick-up truck but denied any involvement in the murder. Conley was subsequently indicted by the ...


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