Miss. v. McMurry
| Docket Number: | 2003-KA-00081-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-30-2004 Opinion Author: Bridges, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Kidnaping - Circumstantial evidence instruction Judge(s) Concurring: King, C.J., Lee, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ. Concurs in Result Only: Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-10-2002 Appealed from: Warren County Circuit Court Judge: Frank G. Vollor Disposition: ACQUITTAL District Attorney: G. Gilmore Martin Case Number: 020180-CR-V |
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| Party Name: | Attorney Name: | |||
| Appellant: | State of Mississippi |
G. GILMORE MARTIN
JOHN W. BULLARD |
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| Appellee: | Johnny Lane McMurry a/k/a Johnnie Lane McMurry | WILLIAM MITCHELL MORAN |
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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: | Kidnaping - Circumstantial evidence instruction |
| Summary of the Facts: | Johnny McMurry was acquitted of kidnaping Laurie Kistler. The State appeals. |
| Summary of Opinion Analysis: | The State argues that the court erred in granting a circumstantial evidence instruction since this was a non-circumstantial case. A circumstantial evidence case is one in which there is no eye-witness and no confession. Although McMurry did not confess, this case was not one of circumstantial evidence. The victim offered direct eye-witness testimony that McMurry picked her up, passed her parents’ house, pulled a gun on her, locked his truck doors, and confined her against her will. She also identified McMurry from a line-up and in court. It is only in cases where the evidence is entirely circumstantial that the jury is required to exclude every other reasonable hypothesis than guilt. Although the language of the instruction in this case did not require exclusion of every reasonable hypothesis save guilt, it did require reconciliation of the evidence with any hypothesis consistent with innocence. Because the State presented direct evidence in this case, there was no basis at law to instruct the jury according the instruction at issue. However, this finding has no bearing on the case. McMurry's acquittal by a jury of his peers cannot be reversed. |
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