McBride v. State
| Docket Number: | 2004-KA-00140-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-25-2006 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Manslaughter - Venue - Admission of confession - Pledge a verdict Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-16-2004 Appealed from: Leake County Circuit Court Judge: Marcus D. Gordon Disposition: CONVICTION OF MANSLAUGHTER AND SENTENCE TO EIGHTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: MARK DUNCAN Case Number: 03-CR-088-LE-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Darrell McBride |
EDMUND J. PHILLIPS, JR. |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART |
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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: | Manslaughter - Venue - Admission of confession - Pledge a verdict |
| Summary of the Facts: | Darrell McBride was convicted of manslaughter and sentenced to eighteen years. His attorney filed a brief arguing the appeal was without merit. The Court ordered supplemental briefing on the trial court’s denial of the motion to suppress the confession. |
| Summary of Opinion Analysis: | Issue 1: Venue McBride argues that venue was never established in Leake County. Where there is sufficient evidence to lead a reasonable trier of fact to conclude that part or all of the crime occurred in the county where the case is being tried, then evidence of venue is sufficient. Where the mortal stroke or other cause of death occurs in one county, and the death occurs in another county, the offender may be indicted and tried in either county. Based on testimony from a Leake County deputy, there was sufficient evidence for a reasonable jury to conclude that the shooting occurred in Leake County, even though the scene of the crime was an area near where the Leake and Attala County line meet. Issue 2: Admission of confession At trial, McBride moved to suppress the police’s version of his confession. He did not challenge that it was voluntarily made. Rather, he moved to suppress the confession on the grounds that it was not what he said. Once there is credible proof that a statement was made, evidence of the contents of the statement is admissible. The defendant, however, may offer evidence to impeach the testimony of the witness claiming to have heard the statement. At the suppression hearing, McBride conceded that he gave the statement voluntarily. Three officers testified that the statement was made. On this record, there was credible evidence for the judge to conclude the statement was, in fact, made and that it was made voluntarily. McBride was allowed to attempt to impeach the officers’ memories and to present his version of the statement. Thus, the judge’s decision to admit the statement was not manifest error. Issue 3: Pledge a verdict McBride argues that the prosecutor asked the jury to pledge a verdict based on less than reasonable doubt. The prosecutor and the defense should not attempt to obtain a promise from each juror as to what he would do under any given circumstance. Both sides are entitled to a fair trial, but not to a previously committed group of jurors. The prosecutor did not present a hypothetical set of facts. Therefore, he cannot be said to have asked the jury to pledge a verdict on a hypothetical. In addition, the prosecutor did not ask the jury to pledge a verdict based on less than reasonable doubt. The prosecutor explained the State’s burden of proof was beyond a reasonable doubt and then set about to make sure that the jury would vote based on whether or not they believed the State met that standard of proof. He was also trying to determine that the jury would not base its verdict on sympathy. |
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