Lee v. State
| Docket Number: | 2001-KA-01704-SCT Linked Case(s): 2001-KA-01704-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 08-14-2003 Opinion Author: Graves, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Photographs - Lesser included offense instructions - Closing argument Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley and Carlson, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-10-2001 Appealed from: Wayne County Circuit Court Judge: Robert Bailey Disposition: Appellant was convicted of murder and sentenced to life imprisonment. District Attorney: Bilbo Mitchell Case Number: 01-84-K |
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| Note: | Letter Request to Supplement the Brief and for use of the Record filed pro se by Christopher Lee is denied. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Christopher Lee |
LESLIE D. ROUSSELL |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE McCRORY |
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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 - Photographs - Lesser included offense instructions - Closing argument |
| Summary of the Facts: | Christopher Lee was convicted of murder and sentenced to life imprisonment. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Photographs Lee argues that the court erred by allowing the State to introduce into evidence photos of the victim, which showed either the body of the victim as it was found or various wounds which the victim’s body received. Each of the photographs depict different aspects of the crime scene, Lee’s car, the victim’s body as it was found at the scene, and the various wounds she sustained. They were relevant to show the victims injuries and to help the jury visualize the crime and crime scene. Issue 2: Lesser included offense instructions Lee argues that the court erred by refusing to grant proposed jury instructions which embodied the lesser offense of manslaughter. A defendant is entitled to have jury instructions given which present his theory of the case, but the court may refuse an instruction which is fairly covered elsewhere in the instructions or is without evidentiary foundation. The court in this case did not abuse its discretion in refusing repetitive instructions. Issue 3: Closing argument Lee argue that the prosecutor made “conscience of the community” arguments during his closing argument. The comment “the people of Wayne County are looking to you to make this, your streets safer” was not so egregious as to require reversal based on the facts. Considering the overwhelming evidence of Lee’s guilt, it is inconceivable that this remark prompted the verdict. |
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