Before Prather, C.j., McRAE And Waller, JJ.
The opinion of the court was delivered by: Prather, Chief Justice
DATE OF JUDGMENT: 06/13/97
TRIAL JUDGE: HON. MARCUS D. GORDON
COURT FROM WHICH APPEALED: SCOTT COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
DISPOSITION: AFFIRMED - 2/4/1999
¶1. On June 6, 1997, Jacob Henderson was indicted as an habitual offender for the October 19, 1995, burglary of the M & K Convenience Store in Lake, Mississippi. On June 13, 1997, Henderson was tried, convicted, and sentenced in the Scott County Circuit Court to seven years in prison without parole, and fined $5,000.00. On June 17, 1997, Henderson's motion for a new trial was denied. Henderson appeals, in forma pauperis, and raises the following issues for consideration by this Court:
A. Whether the trial court erred in overruling appellant's objection to rebuttal testimony of prosecution witness Henry Minor as improper?
B. Whether the trial court erred in refusing appellant's claim that he had been denied a speedy trial and in denying his implicit motion for dismissal?
C. Whether introduction of evidence that prosecution witness and alleged accomplice Daniel Wilson had agreed to plead guilty to being an accessory to the same crime as appellant was charged with, denied appellant a fair trial?
¶2. This Court finds that the issues raised by Henderson are without merit. Therefore, the judgment of the trial court is affirmed.
II. STATEMENT OF THE FACTS
¶3. The M & K Convenience Store in Lake Mississippi was robbed, between 10:00 p.m., October 18, 1995, and 1:30 a.m., October 19, 1995. The following were stolen: 106 cartons of cigarettes, some rolled change, and some plastic shipping crates with the store's name on them. Two witnesses saw a U-Haul truck parked outside the front door of the store, between 12:15 a.m. and 1:00 a.m., on October 19, 1995.
¶4. The appellant's co-indictee, Daniel Wilson of Jackson, testified that, on the night of the burglary, Henderson asked Wilson to ride in a U-Haul truck. Wilson agreed to do so, but did not ask where they were going or where Henderson got the truck. Wilson slept, and, when he awoke, Henderson had parked the truck in front of M & K Convenience Store. Henderson exited the truck, and said that he would be "right back."
¶5. Wilson heard glass break and saw Henderson take two crates of cigarettes from the store and place them in the back of the truck. Wilson did not exit the cab of the truck and he did not help Henderson; Wilson did not know what Henderson was going to do, until he heard the glass break. After Henderson finished loading the truck, they went ...