Full title: Margo FRESHWATER, Alias Sue Morrison, Plaintiff-in-Error, v. STATE of Tennessee, Defendant-in-Error. Court of Criminal Appeals of Tennessee.
Court: Court of Criminal Appeals of Tennessee
Date published: Dec 29, 1969
Facts
The plaintiff-in-error, Margo Freshwater, hereinafter called the defendant, has through retained counsel perfected this appeal in the nature of a writ of error from her conviction of first degree murder and resultant penitentiary sentence of ninety-nine years.
On the evening of December 6, 1966, the Square D Liquor Store in Memphis was held up, the elderly gentleman who was alone tending store taken to the back room and his hands tied behind his back, whereupon while in that helpless posture he was shot to death.
Subsequent investigations pointed toward a Memphis lawyer, Glenn Nash, and the defendant. They were arrested in Mississippi. Glenn Nash was adjudged insane by a Mississippi court and remains there committed.
Upon the trial, Margo Freshwater admitted that she was present while Glenn Nash robbed the liquor store and murdered the storekeeper, but denied that she was in any way an accomplice. She contended that her participation, such as it was, and her subsequent flight with Glenn Nash were under duress and coercion and because of a fear for her own life.
Issue
Decision
The defendant claims new evidence, including a check cashed by Charles Cleaves for witness Johnny Box, could change her trial result. The evidence includes remarks made by Box to Cleaves, implying he would step on anyone to prevent her from spending five years in prison. However, the trial judge finds no abuse of discretion in this matter. Additionally, the defendant assigns error on jury selection and remarks made by the State’s attorney, but these are not reflected in the technical record or bill of exceptions. The judgment of the trial court is upheld.
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