McIntosh v. State
| Docket Number: | 2004-KA-02204-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 11-10-2005 Opinion Author: Easley, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Capital murder & Aggravated assault - Hearsay - M.R.E. 803(3) - Photographs - Sufficiency of evidence Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Concurs in Result Only: Graves, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-08-2004 Appealed from: Tallahatchie County Circuit Court Judge: Ann H. Lamar Disposition: Count I: Conviction of Capital Murder and Sentence of Life Imprisonment Without the Possibility of Parole, Good Time or Early Release in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Aggravated Assault and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections. The sentence in Count II shall run consecutively to that imposed in Count I and both shall run consecutively to any and all sentences previously imposed, particularly the sentence the appellant is presently serving for first degree arson. District Attorney: JOHN W. CHAMPION Case Number: CR2003-28-LT2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tyrone McIntosh |
TOMMY WAYNE DEFER |
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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: | Capital murder & Aggravated assault - Hearsay - M.R.E. 803(3) - Photographs - Sufficiency of evidence |
| Summary of the Facts: | Tyrone McIntosh was convicted of capital murder and aggravated assault and sentenced for capital murder to life imprisonment without the possibility of parole, good time or early release and for aggravated assault to twenty years. |
| Summary of Opinion Analysis: | Issue 1: Hearsay McIntosh argues that the court erred by admitting hearsay testimony by the victim’s daughter, who testified that about a week before the death of her mother, she told Annie that she and Featherston planned to evict McIntosh from their home. Although the court’s admission of the testimony pursuant to M.R.E. 803(3) was error, the admission of the hearsay statement was harmless error because the properly admitted evidence was sufficient to support a jury verdict. Issue 2: Photographs McIntosh argues that the court erred by admitting gruesome photographs, because they were inflammatory and their probative value did not outweigh their prejudicial effect. Photographs are considered to have evidentiary value where they aid in describing the circumstances of the killing, describe the location of the body and cause of death, or supplement or clarify witness testimony. Two of the photographs depicted the location of the victim’s body at the time of her death and the circumstances of her death. One depicted the victim’s face prior to her autopsy and showed an injury. The remaining photographs show the injuries of the aggravated assault victim, a necessary element to aggravated assault. The probative value of the photographs outweighed the prejudicial effect. Issue 3: Sufficiency of evidence McIntosh challenges the sufficiency of the evidence. The victim died as a result of smoke inhalation in a house fire. Another person who lived in the house (the aggravated assault victim) testified that when he regained consciousness, he smelled smoke and saw McIntosh setting the house on fire. A prison inmate serving a life sentence testified that McIntosh told him that he started the fire in the living room of the house. The testimony clearly supports the elements of capital murder during the commission of the crime of arson. The aggravated assault victim arrived at the Burn Center with extensive burns on his back, arms, face and hands. His total burn surface area was determined to be 51 to 61 percent of his body. He testified that he asked McIntosh why he was setting the house on fire. McIntosh told him that he was going to burn down the house and him. McIntosh then sprayed the victim with fluid on his face, head, arms and back, the victim caught on fire, ran out of the house and jumped into a pile of leaves. The evidence clearly met the elements of aggravated assault. |
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