Page v. State
| Docket Number: | 2006-KA-00330-COA Linked Case(s): 2006-KA-00330-COA ; 2006-CT-00330-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-28-2007 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder & Possession of deadly weapon by felon - Motion to sever - Lesser-included offense instruction Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-03-2005 Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: CONVICTION OF MURDER AND KNOWING POSSESSION OF A DEADLY WEAPON BY A PREVIOUSLY CONVICTED FELON. District Attorney: Forrest Allgood Case Number: 2004-0237-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | ISREAL BOONE PAGE A/K/A SCOOTER |
PEARSON LIDDELL |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND |
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| Topic: | Murder & Possession of deadly weapon by felon - Motion to sever - Lesser-included offense instruction |
| Summary of the Facts: | Isreal Page was convicted of murder and possession of a deadly weapon by a previously convicted felon. The court sentenced Page to life imprisonment for murder and three years for possession of a deadly weapon. Page appeals. |
| Summary of Opinion Analysis: | Issue 1: Motion to sever Page argues that the court erred when it did not grant his motion to sever count three from counts one and two, because the jury heard evidence that he was guilty of possession of a deadly weapon as a prior convicted felon. Based on a witness’s statement, it was possible that the evidence would have shown that all three counts occurred simultaneously. Therefore, the court did not abuse its discretion. Issue 2: Lesser-included offense instruction Page argues that the court erred when it did not instruct the jury on manslaughter. A lesser-included-offense instruction should be granted if, in view of the evidence, a reasonable juror could find the defendant not guilty of the principal offense charged in the indictment yet guilty of the lesser included offense. The undisputed evidence proved that Page aimed a loaded shotgun at the victim and that he shot her from four feet away. There is absolutely no evidence to support a claim that the shotgun discharged accidentally. There can be no doubt that a shotgun wound from near point blank range is likely to cause death or serious bodily injury. The crime of manslaughter is defined as a killing without malice. Malice is implied, and hence murder exists, whenever a death occurs as a result of some willful act by the accused under circumstances where he knows the act is likely to cause death or serious bodily injury. Because all the evidence indicated the presence of malice, and nothing indicated a lack of malice, the circuit court did not err when it declined to instruct the jury on manslaughter. |
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