Appellant, Willie Lee (Buddy) Holmes, was convicted in the Circuit Court of Adams County of the murder of William Earl Coulston and sentenced to serve a life term in the penitentiary.
The evidence amply supported the verdict of the jury. Coulston was stabbed twice on Friday night, September 30, 1960. His brother testified in some detail as to the circumstances. His testimony was supported by other eye-witnesses or near eye-witnessеs, and several of defendant’s own witnesses confirmed parts of the State’s version. Defendant did not tеstify. The jury was justified in finding that appellant inflicted the death wounds
There was no error in the trial court’s refusing defendant an instruction thаt the testimony of an accomplice should be weighed with great caution, etc. The evidence does not show appellant had an accomplice in the murder of Coulston. On the cоntrary, it reflects that his actions in that respect were not connected with others. Moreover, the giving of such instruction rests in the sound discretion of the trial judge. State v. Jennings,
About a month before the prеsent trial, there had been a prior one on this charge, which resulted in a mistrial. The present case was tried on December 12, 1960. On December 5 defendant’s counsel wrote the court reportеr requesting that she transcribe, before December 12, her notes of testimony of the State’s witnesses оn the first trial. Defendant’s motion for continuance stated the court reporter was in the hospitаl for several days during the interim period, and on advice of her doctor she was unable to furnish a trаnscript of this testimony before December 12; and that, because of the variance in testimony оf these witnesses, defendant could not proceed with the second trial without having a transcript оf the first one. The circuit court overruled the motion for continuance filed on December 12. Thе order recited that on December 5 both sides announced ready for trial, and by agreement thе case was set for December 12; that a special venire was called, and all witnesses were present.
Mississippi Code 1942, Rec., Sec. 1520, provides that a denial of a continuance “shall not be ground for reversal unless the Supreme Court shall be satisfied that injustice resulted therefrom.” Appellant’s counsel agreed to setting the trial for the day on which the motion for continuance was filed. All witnesses and the special venire of jurors were present. Appellant had
Appellant finally assigns as error the overruling of his motion for mistrial. Joe N. Bennett was the second witness for the State. He said that he saw everything exсept the actual stabbing. He testified in some detail. No motion for a mistrial was made during the testimony оf this witness. The witness said Frank Bacon, who was present when the killing occurred, had a piece of rusty irоn, but appellant’s counsel contended it was a sickle with a handle broken off. A doctor had аlready testified that the death wounds were made by a sharply pointed instrument.
After the State rested, appellant’s counsel made a motion for a mistrial on the ground that, during the interrogation of Bennett by the appellant’s attorney, a deputy sheriff held up a piece of iron where the jury could see it. This object could not have caused Coulston’s death. The State’s attorney knew nothing about the incident; it did not occur at his instance. The circuit court overruled the motion on the ground that thе instrument “was never exhibited to the jury”. There is no bill of exceptions. In its absence, the decision of the trial court must be presumed to be correct. Moreover, even if the incident occurred, we do not think that it was sufficiently prejudicial in nature to support a reversal on this record, where the defendant’s guilt is established by the great weight of the evidence.
The object of a bill of exceptions is to put of record matters which transpire on the trial, and which are not of record otherwise. Vicksburg & M. V. R. Co. v. Ragsdale,
Affirmed.