Harrison Johnson, Jr. and Gregory Tubby v. State of Mississippi

Gregory Tubby, Harrison Johnson, Jr., and Arlene Johnson Tubby were indicted on February 6, 1985, for the November 3, 1984 murder of Edward John, who was Harrisons and Arlenes stepfather. John was killed by a blow to the head. The three were initially tried in February 1985 with the result being a mistrial, and they were tried again on July 15-17, 1985. Gregory Tubby and Harrison Johnson were found guilty of aggravated assault and sentenced to ten years imprisonment. Arlene Johnson Tubby was found guilty of simple assault. The judge postponed sentencing Arlene due to her pregnancy and imminent delivery, and since she is not an appellant here her sentence does not appear in this record. Gregory Tubby and Harrison Johnson appeal, assigning as error: