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Davis v. State

September 17, 1998

LARRY DAVIS
v.
STATE OF MISSISSIPPI



The opinion of the court was delivered by: Mills, Justice

DATE OF JUDGMENT: 04/22/92

TRIAL JUDGE: HON. LEE J. HOWARD

COURT FROM WHICH APPEALED: OKTIBBEHA COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

DISPOSITION AFFIRMED - 9/17/98

MOTION FOR REHEARING FILED: MANDATE

ISSUED:

EN BANC.

STATEMENT OF THE CASE

¶1. On April 22, 1992, Larry Davis was convicted of armed robbery and sentenced to serve forty years in the Mississippi Department of Corrections. Aggrieved, Davis brings this appeal assigning the following as error:

I. WHETHER THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT ADMITTED EVIDENCE THAT DAVIS FLED FROM AUTHORITIES.

STATEMENT OF THE FACTS

¶2. On December 7, 1991, Jim Hinds was working as a night auditor at the front desk of the University Inn in Starkville, Mississippi. Around 4:00 A.M. two young men walked to the front of the hotel and stopped to converse. One of the young men, who was wearing a black trench coat, walked inside the hotel and inquired about the cost of a room. Hinds informed the man that a room was $30.00. The man responded that $30.00 was too much and walked outside. Shortly thereafter, the man walked back inside the motel and told Hinds that he wanted a room. Hinds handed him a registration card which he proceeded to fill out. Hinds then asked to see some identification at which point the man pulled out a gun and pointed it at Hinds telling him to get his hands up and open the cash register. The man then took Hinds's wallet and all of the money in the cash register, estimated to be about $250. Following the incident, Hinds gave the police a description of his assailant, a detailed description of the clothes that he wore, and a description of the gun used.

ΒΆ3. On December 10, 1991, Officer Banks, a deputy sheriff of Oktibbeha County, received a call on his police radio to "lookout for Larry Davis" who was in a 1978 or 1979 green Monte Carlo or Grand Prix. The police were looking for Davis in connection with an armed robbery committed that day in Clay County. Banks, who was familiar with Davis and the neighborhood, spotted the car at the home of Davis's aunt and called for back up. After several police officers arrived, Davis realized the police were present and jumped out the back window of the home. At this time Davis was wearing a black trench coat as previously described by Hinds. He was wearing black Adidas pants and a blue sweater, the same clothes worn by the robber Hinds had described. Davis's flight took him through a nearby bean field where he removed and discarded the black trench coat. Hinds later identified the discarded coat as the one worn by the ...


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