Burton v. State
| Docket Number: | 2007-KA-00212-COA Linked Case(s): 2007-KA-00212-COA ; 2007-CT-00212-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-20-2008 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Lesser-included offense instruction Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-23-2007 Appealed from: Itawamba County Circuit Court Judge: Paul S. Funderburk Disposition: CONVICTION OF MURDER AND SENTENCE OF LIFE IMPRISONMENT IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: John Richard Young Case Number: CR05-125 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | EDSEL BURTON A/K/A EDSEL CARL BURTON A/K/A BURT |
LESLIE S. LEE,
LORI NAIL BASHAM,
BENJAMIN ALLEN SUBER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER | ||
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 - Lesser-included offense instruction |
| Summary of the Facts: | Edsel Burton was convicted of murder and sentenced to life imprisonment. He appeals. |
| Summary of Opinion Analysis: | Burton argues that the court erred in refusing instructions which would have instructed the jury on the lesser-included offense of heat-of-passion manslaughter. Lesser-included offense instructions should be given if there is an evidentiary basis in the record that would permit a jury rationally to find the defendant guilty of the lesser offense and to acquit him of the greater offense. Burton has failed to present any evidence that he acted in the heat of passion when he shot his wife. He bases his heat-of-passion argument on the assertion that the two had a history of fighting. The record indicates that at most, Burton and his wife were engaged in a verbal argument and perhaps some minor physical altercation. However, the law is well settled that words alone are not enough to require a heat-of-passion manslaughter instruction. Further, the record is void of any evidence that Burton was in a state of violent or uncontrollable rage since by Burton’s own testimony, he was so drunk that he did not even remember killing his wife. Thus, the evidence did not support a jury instruction for heat-of-passion manslaughter. |
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