Shipp v. State
| Docket Number: | 2004-KA-01210-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-21-2006 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Manslaughter - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee and Roberts, JJ. Non Participating Judge(s): Southwick, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-27-2004 Appealed from: DeSoto County Circuit Court Judge: George B. Ready Disposition: CONVICTED OF MANSLAUGHTER - SENTENCED TO SERVE A TERM OF TWENTY YEARS IN THE CUSTODY OF MDOC WITH FIVE YEARS SUSPENDED AND FIFTEEN YEARS TO SERVE. District Attorney: John W. Champion Case Number: CR-2003-739RD |
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| Party Name: | Attorney Name: | |||
| Appellant: | Donnell K. Shipp |
WILLIAM F. TRAVIS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOSE BENJAMIN SIMO |
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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 - Sufficiency of evidence |
| Summary of the Facts: | Donnell Shipp was convicted of manslaughter and sentenced to twenty years, with five years suspended. He appeals. |
| Summary of Opinion Analysis: | Shipp argues that his conviction is not supported by legally sufficient evidence, because he acted in self-defense. At trial, Shipp elicited testimony that the pair was having an altercation. None of the witnesses, either for the State or the defendant, testified that they saw the victim with a weapon. The testimony of one credible witness is sufficient to sustain a conviction. From the evidence presented, drawing all inferences in favor of the verdict, a reasonable jury could conclude that Shipp was not acting in self-defense and committed the crime of manslaughter. |
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