Dilworth v. State
| Docket Number: | 2004-KA-00730-SCT Linked Case(s): 2004-KA-00730-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-16-2005 Opinion Author: Waller, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Accessory-before-the-fact instruction - Sufficiency of evidence Judge(s) Concurring: Smith, C.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Concurs in Result Only: Cobb, P.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-27-2004 Appealed from: Harrison County Circuit Court Judge: Kosta N. Vlahos Disposition: Appellant was convicted of murder and sentenced to life in prison. District Attorney: Cono A. Caranna, II Case Number: B2402-2001-00392 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Warren Jerome Dilworth |
PHILLIP W. BROADHEAD, ARTHUR D. CARLISLE, AUSTIN R. NIMOCKS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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: | Murder - Accessory-before-the-fact instruction - Sufficiency of evidence |
| Summary of the Facts: | Warren Dilworth was convicted of murder and was sentenced to life in prison. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Accessory-before-the-fact instruction Dilworth argues that the court allowed an instruction which misled the jury to believe it could make a finding of guilt as an accessory before the fact on lesser proof than required by our precedent. Aiding and abetting and acting as an accessory-before-the-fact are two wholly distinct crimes. Dilworth’s argument that the instruction relieved the State of its burden of proof regarding conviction as an accessory-before-the-fact is inherently flawed by the fact that the instruction was not an accessory-before-the-fact instruction. It is uncontested that Dilworth was present and willingly participated in the commission of the murder. The language of the instruction precisely reiterates Mississippi law regarding aiding and abetting. Issue 2: Sufficiency of evidence Dilworth argues that the evidence was insufficient. A witness testified that Dilworth joined him in attempting to retrieve the crack cocaine from the victim and purposed to do violence to him when he found him. He also testified that Dilworth drove the car to the Vietnamese Catholic Church parking lot, pulled a gun out from under the passenger’s seat, and shot the victim as he was fleeing. Viewing the evidence in the light most favorable to the State, this testimony alone provided sufficient evidence with which a rational person could have found the State proved Dilworth committed all of the elements of murder. Even if Dilworth was not the one who pulled the trigger of the gun, he deliberately chased the victim in the car and parked it close enough for another person to fire the pistol at the victim and end his life. |
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