Bennett v. State


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Docket Number: 2004-KA-02166-COA
Linked Case(s): 2004-KA-02166-COA ; 2004-CT-02166-SCT

Court of Appeals: Opinion Link
Opinion Date: 09-19-2006
Opinion Author: Chandler, J.
Holding: Affirmed

Additional Case Information: Topic: Murder - Sufficiency of evidence - Appeal bond
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 10-07-2004
Appealed from: Harrison County Circuit Court
Judge: Jerry O. Terry, Sr.
Disposition: CONVICTED OF MURDER AND SENTENCED TO SERVE LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
District Attorney: CONO CARANNA
Case Number: B-2402-2004-85

  Party Name: Attorney Name:  
Appellant: Curtis Carlton Bennett




MICHAEL W. CROSBY



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS  

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Topic: Murder - Sufficiency of evidence - Appeal bond

Summary of the Facts: Curtis Bennett was convicted of murder and sentenced to life. He appeals.

Summary of Opinion Analysis: Issue 1: Sufficiency of evidence Bennett argues that there was no evidence that he had formed a deliberate design to kill his wife and, therefore, he could only have been convicted of manslaughter. A vital distinction between murder and manslaughter is the element of malice, or deliberate design. The concept of deliberate design generally implies careful and unhurried consideration of the consequences. Heat of passion manslaughter requires the absence of malice. There was substantial evidence of premeditation in the record. There was evidence that Bennett and his wife had become estranged about a week before the killing. Four days before the killing, Bennett obtained a check for the couple's home equity credit line. About an hour before the killing, Bennett cashed the check and hid the money under the couch. Then, Bennett drove to his wife's place of employment with a shotgun. While inside the bank, Bennett calmly and purposefully searched for her while threatening other bank employees. When Bennett found his wife, he shot her three times. Following the shooting, Bennett had the presence of mind to flee to the woods. Viewed in the light most favorable to the State, the evidence was sufficient to enable the trial judge to find that Bennett had formed a deliberate design to kill his wife. Issue 2: Appeal bond Bennett argues that the court erred in denying him an appeal bond since he should have been found guilty of manslaughter, which does not carry a sentence of life imprisonment. Because the trial court properly held that Bennett was guilty of murder, he was ineligible for an appeal bond under section 99-35-115.


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