Opinion
No. 34066.
June 3, 1940.
1. HOMICIDE.
Evidence sustained conviction for murder.
2. CRIMINAL LAW.
Where evidence sustained conviction, and there was no error in record tending to show that accused did not have a fair and impartial trial, and issue of guilt or innocence was fairly submitted to jury under proper instructions, conviction would be affirmed.
APPEAL from the circuit court of Warren county; HON. R.B. ANDERSON, Judge.
Jack P. Canizaro, of Vicksburg, for appellant.
Counsel for appellant must frankly admit that he is unable to honestly urge upon this honorable court any errors in the trial of this case in the court below. Hence, no brief and argument in the premises.
After appellant's conviction, he requested an appeal to this court. For this reason, along with the fact that the companion case of Willie Gordon was being appealed, and for the further reason that the appellant may have every advantage and benefit given him under the law, this appeal was taken to this honorable court. Appellant respectfully urges this court's due consideration in the premises.
W.D. Conn, Jr., Assistant Attorney-General, for appellee.
The evidence, without conflict, shows that Priestley was killed by appellant and his companion while they were engaged in an armed robbery. All this is abundantly established by the testimony of eye witnesses, and in addition thereto, the appellant has made a full and free detailed confession which shows a cold-blooded killing without any mitigating circumstances. If there be such a thing in this state as capital punishment, this is one case where it is most fitting and proper.
The appellant, Charlie Clemons, was indicted, tried, and found guilty as charged in the circuit court of Warren County for the murder of Richard Priestley, and was thereupon sentenced to be hanged.
The proof discloses without dispute that he and William Gordon entered the home of Patrick and Eliza Bingham, an elderly couple, at about eleven o'clock at night under the pretense of wanting to leave a woman at their home until they could go and have their car fixed. After they were admitted into the house through the front door, Gordon seized Patrick Bingham's gun and held it on him while the appellant undertook to force Eliza Bingham to give them some money. Thereupon Patrick Bingham called Richard Priestley, who lived nearby, and when Priestley responded to the call of distress, bringing with him his shotgun, he was killed by the appellant when he reached the front steps of the house. A full and complete confession was made by the appellant of the commission of the crime, and there is no contention made that the confession was not free and voluntary. The evidence fully sustains the verdict of conviction and sentence of death, and we find no error in the record which would even tend to show that he did not have a fair and impartial trial, since all of the proof was competent and the issue of guilt or innocence was fairly submitted to the jury under proper instructions.
The judgment and sentence of the court below is therefore affirmed, and Thursday, July 11, 1940, is fixed as the date for the execution.
Affirmed.