Brownlee v. State
Docket Number: | 2006-KA-00036-COA Linked Case(s): 2006-CT-00036-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 03-06-2007 Opinion Author: CARLTON, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Manslaughter - Sufficiency of evidence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 10-14-2005 Appealed from: Clay County Circuit Court Judge: Lee J. Howard Disposition: CONVICTED OF MANSLAUGHTER AND SENTENCED TO SIXTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, FOUR YEARS OF POSTRELEASE SUPERVISION AND A $1,250 FINE District Attorney: FORREST ALLGOOD Case Number: 8564 |
Party Name: | Attorney Name: | |||
Appellant: | JAMES BROWNLEE |
THAD BUCK |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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. |
Topic: | Manslaughter - Sufficiency of evidence |
Summary of the Facts: | James Brownlee was convicted for the crime of manslaughter. He appeals. |
Summary of Opinion Analysis: | Brownlee argues that the State failed to prove every necessary element of murder and the lesser-included offense of manslaughter. The issue of whether the evidence was sufficient to convict Brownlee of murder is moot since that was not the crime for which he was convicted. The evidence presented against Brownlee included a number of witnesses to the altercation. The evidence from these witnesses supports a conclusion that Brownlee was not under attack from the victim, and even that Brownlee advanced on the victim after the fight had ended. There is also evidence that could create a reasonable inference that Brownlee retrieved an object from his vehicle and then stabbed the victim. Considering all of the evidence in the light most favorable to the State, and all reasonable inferences that could have been derived from the evidence, a jury could have found Brownlee guilty of killing the victim, in a cruel or unusual manner, or by the use of a dangerous weapon, without authority of law, and not in necessary self-defense. |
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