McKay v. State
| Docket Number: | 2010-KA-00733-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-12-2011 Opinion Author: Lee, C.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Murder - Sufficiency of evidence Judge(s) Concurring: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: JNOV; Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-18-2009 Appealed from: Harrison County Circuit Court Judge: John C. Gargiulo Disposition: Convicted of Murder and Sentenced to Life in the Custody of the Mississippi Department of Corrections District Attorney: Cono A. Caranna, II Case Number: B2401-2008-00961 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Andrea Diane McKay |
LESLIE S. LEE, BENJAMIN ALLEN SUBER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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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: | Murder - Sufficiency of evidence |
| Summary of the Facts: | Andrea McKay was convicted of murder and sentenced to life. She appeals. |
| Summary of Opinion Analysis: | McKay argues that she acted in the heat of passion; thus, the evidence supported a conviction of manslaughter rather than murder. McKay admits that she intentionally stabbed the victim, but she argues that she did not act with deliberate design to kill him. She states that she was angry at him for hitting her daughter in the face, but she did not want to kill the victim, as he was the father of two of her children. Viewing the evidence in the light most favorable to the State, the essential elements of the crime of murder were sufficiently proven such that a jury could find McKay guilty beyond reasonable doubt. The jury heard conflicting evidence regarding the altercation between McKay and the victim. The jury also heard that several minutes had passed between the initial argument and the stabbing. |
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