State v. Shaw
| Docket Number: | 2001-KA-01854-SCT Linked Case(s): 2001-KA-01854-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 08-12-2004 Opinion Author: Easley, J. Holding: PRESENTED QUESTION ANSWERED |
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| Additional Case Information: |
Topic: Murder - Directed verdict - Lesser-included offense - Section 99-19-5 Judge(s) Concurring: Smith, C.J., Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz and Graves, JJ. Dissenting Author : Carlson, J. Dissent Joined By : Cobb, P.J. Concurs in Result Only: Waller, P.J. Procedural History: Directed Verdict Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-08-2001 Appealed from: Stone County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: Granted a directed verdict of acquittal on the charge of murder and did not allow the jury to consider manslaughter. District Attorney: Cono A. Caranna, II Case Number: B6601-2000-0076 |
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| Note: | Motion for rehearing filed by the State of Mississippi is granted. The original opinions are withdrawn and these opinions are substituted therefor. | |
| Party Name: | Attorney Name: | |||
| Appellant: | State of Mississippi |
CHRISTOPHER LOUIS SCHMIDT
CONO A. CARANNA
WAYNE SNUGGS |
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| Appellee: | Tommy Dean Shaw | TADD PARSONS JACK PARSONS |
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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 - Directed verdict - Lesser-included offense - Section 99-19-5 |
| Summary of the Facts: | The motion for rehearing is granted, and these opinions are substituted for the original opinions. The Stone County Circuit Court granted a directed verdict for Tommy Shaw on the indicted charge of murder and would not allow the jury to consider whether Shaw was guilty of the unindicted crime of manslaughter. The State of Mississippi appeals. |
| Summary of Opinion Analysis: | The judge ruled that the State had failed to make a prima facie case on the indicted murder charge; therefore, the court determined that it was obligated to grant a directed verdict of acquittal on the charge of murder and not permitted to submit the case to the jury on manslaughter, a lesser unindicted offense. The State argues that a defendant under indictment for murder is sufficiently on notice that the subsequent submission of the charge of manslaughter, for which the defendant is not under indictment, does not cause prejudice. In Harris v. State, 723 So.2d 546 (Miss. 1997), the Court held that when a trial court grants a defendant's motion for directed verdict, the trial court should not thereafter be permitted to alter or modify its apparently unqualified acquittal by permitting the State, through amendment of the accusatory pleading to charge necessarily included lesser offenses. There is a distinction between the lesser-included offense and lesser offenses. The essential elements of a lesser-included offense are among the essential elements of the superior offense. The Supreme Court has repeatedly allowed notice of a superior charge to stand for notice for an unindicted lesser-included offenses, but has also refused to allow notice of a superior offense to suffice for a lesser offense for which the defendant was not indicted. If, under section 99-19-5, the lesser offense is necessarily included within the statutory definition of the charged offense, or the indictment contains such allegations that a lesser offense is necessarily charged in the indictment, then the State may receive the benefit of the statute if the evidence supports an instruction on the lesser offense. This is the scenario present in this case. Shaw was indicted for murder the elements of which do include all the requisite elements for manslaughter. The fact that manslaughter proof is inconsistent with that of murder is of no consequence. Therefore, the jury should have been allowed to decide whether Shaw is guilty of that lesser-included offense. |
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