Page v. State


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Docket Number: 2010-KA-01126-SCT

Supreme Court: Opinion Link
Opinion Date: 06-30-2011
Opinion Author: Pierce, J.
Holding: Affirmed

Additional Case Information: Topic: Murder - Sufficiency of evidence - Weathersby rule
Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 01-26-2010
Appealed from: Forrest County Circuit Court
Judge: Robert Helfrich
Disposition: Convicted of murder and sentenced to life imprisonment
District Attorney: Patricia Burchell
Case Number: 09-155-CR

  Party Name: Attorney Name:  
Appellant: Roy Milton Page




OFFICE OF INDIGENT APPEALS: JUSTIN TAYLOR COOK, LESLIE S. LEE



 

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

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Topic: Murder - Sufficiency of evidence - Weathersby rule

Summary of the Facts: Roy Page was convicted of murder, and the judge sentenced him to life in prison. Page appeals.

Summary of Opinion Analysis: In reviewing the evidence in the light most favorable to the prosecution, there is sufficient evidence to convict Page of murder. The physical evidence presented by the State indicated that the victim was sitting in his car, with his window up, facing forward, when he was shot. Page testified that he shot the victim in self-defense after he believed that the victim was reaching for a weapon. However, the victim’s wife testified that, several weeks prior to the shooting, Page and the victim had been involved in a violent fight in which Page had grabbed something like a shovel or an ax and had chased the victim down the street. Experts testified that the gun used to kill the victim was the gun recovered from Page when he was arrested. Page also argues that the Weathersby rule applies. The record shows that Page did not bring up the Weathersby rule as a defense at trial or in his motion for judgment notwithstanding the verdict. Thus, he is procedurally barred from raising this issue on appeal.


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