Scarbrough v. State
| Docket Number: | 2005-KA-00500-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-15-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Capital murder - Weight of evidence - Reference to killing Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Concur in Part, Concur in Result 1: Irving, J., Without Separate Written Opinion Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-02-2005 Appealed from: Jackson County Circuit Court Judge: Dale Harkey Disposition: CONVICTION ON CAPITAL MURDER AND SENTENCED TO SERVE A TERM OF LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE IN THE CUSTODY OF THE MDOC District Attorney: Anthony N. Lawrence, III Case Number: 2003-10,660(3) |
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| Note: | IRVING, J., CONCURS IN PART AND IN THE RESULT. | |
| Party Name: | Attorney Name: | |||
| Appellant: | MARY SCARBOROUGH A/K/A MARY EULISA SCARBOROUGH A/K/A MARY EULISA SCARBROUGH |
H. BERNARD GAUTIER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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: | Capital murder - Weight of evidence - Reference to killing |
| Summary of the Facts: | Mary Scarborough was convicted of capital murder and was sentenced to life without parole. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence Scarborough argues that the guilty verdict is against the overwhelming weight of the evidence, because she did not participate in the felony committed or encourage the crime. It is uncontroverted that Scarborough administered no physical blows to the victim. However, the jury was charged with determining whether Scarborough participated in the robbery of the victim, not if she actually administered the blows which killed him. A person who participates in the design and plan of committing an unlawful act which is then carried out can be found guilty as a principal under either the theory of conspiracy or the theory of aiding and abetting. The evidence presented was sufficient for a jury to find that Scarborough was either an aider and abetter or an accessory before the fact. Scarborough herself admitted that the group originally planned to rob the victim, but that she did not want him hurt. She also admitted that the other participants knew that she might be a beneficiary of the victim’s life insurance policy, and that she had heard that the payment would double if he died from a murder rather than natural causes. Given the evidence presented, it did not so heavily preponderate against the verdict that a new trial was warranted. Issue 2: Reference to killing Scarborough argues that by referring to the victim’s death as “murder” during the trial, the judge committed reversible error. There was no question as to whether the victim was murdered or whether Scarborough administered any of the blows which proved fatal. The jury was to determine Scarborough’s participation in the robbery, which was the underlying felony associated with the murder. There was no issue as to whether the victim was murdered or by whom. The issue for the jury to determine was Scarborough’s role in the killing, i.e., whether she was a principal under accomplice liability. Therefore, there was no error. |
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