Lester v. State
| Docket Number: | 2001-KA-00217-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-06-2004 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Sufficiency of evidence - Self-defense instruction - Defense of habitation instruction Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-24-1997 Appealed from: Tunica County Circuit Court Judge: Kenneth L. Thomas Disposition: MURDER: SENTENCED TO SERVE A TERM OF LIFE IN THE MDOC District Attorney: Laurence Y. Mellen Case Number: 97-3319 |
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| Party Name: | Attorney Name: | |||
| Appellant: | James D. Lester a/k/a J. W. Lester |
THOMAS H. PEARSON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Murder - Sufficiency of evidence - Self-defense instruction - Defense of habitation instruction |
| Summary of the Facts: | James Lester was convicted of murder and sentenced to life in prison. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Lester argues that he could only have been guilty of manslaughter based on the theory that he used excessive force to repel an unwanted trespasser. The evidence shows that the victim arrived at Lester’s home and was voluntarily admitted as a guest by Lester’s wife. Lester then made verbal threats to kill his family members, to kill the victim, and then to kill himself, accompanied by the brandishing of a firearm. The victim’s efforts to calm Lester and even to stand between Lester and Lester's own daughter to protect her from her father’s threats would not appear to place him in the class of an unauthorized trespasser despite Lester’s repeated demands that he leave the property. This is enough proof to uphold the jury’s verdict. Issue 2: Jury instructions Lester argues that the court failed to adequately protect or submit to the jury defendant’s rights of self-defense and defense of habitation. The defense is entitled to an instruction covering its theory of the case so long as there is evidence in the record that would support that theory. In view of Lester’s testimony – the only evidence tending to show any justification for his act of shooting the victim twice with a deadly weapon – the alleged assault by the victim against Lester had, by the defendant’s own testimony, advanced to a stage where the distinction between using deadly force in defense of habitation and using deadly force in self-defense no longer had any particular relevance to the jury’s understanding of the law. Therefore, the court did not err in refusing the instruction. |
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