Johnson v. State
| Docket Number: | 2007-KA-01687-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-16-2008 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Culpable-negligence manslaughter - Weight of evidence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-13-2007 Appealed from: MONROE COUNTY CIRCUIT COURT Judge: Thomas J. Gardner Disposition: CONVICTED OF CULPABLE-NEGLIGENCE MANSLAUGHTER AND SENTENCED TO FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH EIGHT YEARS SUSPENDED, SEVEN YEARS TO SERVE, AND FIVE YEARS OF POST-RELEASE SUPERVISION, AND PAYMENT OF A $1,000 FINE AND $100 TO THE MISSISSIPPI CRIME VICTIMS’ COMPENSATION FUND District Attorney: John Richard Young Case Number: CR06-077 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | KEITH JOHNSON |
SIDNEY F. BECK, JR. |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS | ||
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: | Culpable-negligence manslaughter - Weight of evidence |
| Summary of the Facts: | Keith Johnson was convicted of culpable-negligence manslaughter and was sentenced to fifteen years with eight years suspended, seven years to serve, and five years of post-release supervision. He appeals. |
| Summary of Opinion Analysis: | Johnson argues that the verdict was against the overwhelming weight of the evidence and that the State was unable to overcome his theory of self-defense. When considering all the evidence presented in the light most favorable to the State, there was sufficient evidence to convict Johnson of culpable-negligence manslaughter. There was also insufficient evidence on the basis of self-defense presented by Johnson to overcome the State’s case. Johnson retrieved the gun from the house, loaded it, cocked it, and shot one round into the air. He testified that he again cocked the gun, but when he went to raise it up again, the gun fired, even though his hand was barely on the trigger. He stated that he never meant to kill anyone; he just wanted everyone to leave. The State put on the testimony of an officer who reported that Johnson had told him that the gun had been pointed about one to two feet from the victim’s head. An eyewitness testified that he saw Johnson hold the gun to the victim’s forehead while the victim’s arms were down by his sides, and then he heard the gun fire. There were no other guns or weapons being used in the fight at the time of the shooting. |
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