(dissenting) :
This is one of five cases (the others being 1 Div. 403 A, 1 Div. 403 B, 1 Div. 403 C, and 1 Div. 403 D) in each of which Edward Boykin, Jr., the appellant in each case, was indicted, tried, found guilty and sentenced to death by electrocution for a separate offense of robbery. At his arraignment and at his trial, he entered a plea of guilty in each of the cases. By agreement, all five cases were presented to the same jury.
Aside from any other reason, it is my view that the judgments in these five death cases should be reversed and the causes remanded to the trial court because the record does not disclose that the defendant voluntarily and understandingly entered his pleas of guilty. I think what was said in Dickerson v. State, 202 Miss. 804, 32 So.2d 881, and Yates v. State, 251 Miss. 376, 169 So.2d 792, 802, should be the rule in this State, viz:
“ * * * ‘ * * * We do not say that the trial judge may not accept a plea of guilty in a capital case, but if he does so he must see to it, first, that the plea is entirely voluntary and that the defendant fully realizes and is competent to know the consequences of such a plea, * * ”
It is to be noted that we are not dealing here with a case where there was an agreement between the district attorney and the defendant as to a sentence less than capital upon the entering by defendant of a guilty plea.
There is nothing in the record or briefs indicating the defendant’s trial strategy in pleading guilty in these five cases.
LIVINGSTON, C. J., and HARWOOD, J., concur in the foregoing dissent.