Anderson v. State
| Docket Number: | 2010-KA-01052-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 02-02-2012 Opinion Author: Carlson, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Lesser-included-offense instructions Judge(s) Concurring: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-11-2010 Appealed from: Holmes County Circuit Court Judge: Jannie M. Lewis Disposition: Appellant was convicted of murder. Case Number: 09-12246 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Damien Anderson a/k/a Damien Wise |
ADRIENNE ANNETT HOOPER-WOOTEN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE McCRORY |
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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 - Lesser-included-offense instructions |
| Summary of the Facts: | Damien Anderson was convicted of murder and sentenced to life imprisonment. He appeals. |
| Summary of Opinion Analysis: | Anderson argues that the trial court erred in denying the defense’s proposed lesser-included-offense jury instructions for manslaughter. An indictment for murder includes the lesser-included charge of manslaughter. However, a manslaughter instruction should be refused when the evidence supports only a verdict of murder. In denying the proposed lesser-included manslaughter instructions, the trial judge in this case stated, “I take it that you are – I granted the self-defense instruction, so I take it you are going with self defense . . . . Or do you want to go with manslaughter?” Anderson correctly points out that allegations of self-defense do not negate the applicability of the lesser-included-offense instruction of manslaughter. Nevertheless, the Courtl must determine whether there was sufficient evidence, when viewed in the light most favorable to the accused and considering all reasonable inferences which may be drawn in favor of the accused, for a reasonable jury to find the defendant guilty of the lesser-included offense, but not of the principal charge. Anderson claims that three witnesses testified that Anderson and the victim had engaged in a heated argument prior to the shooting. However, mere words, no matter how provocative, are insufficient to reduce an intentional and unjustifiable homicide from murder to manslaughter. In addition to the alleged argument, the only evidence Anderson presents to support his manslaughter contention is the allegation that the victim drew a gun on him. This was the core of the self-defense claim that failed to persuade the jury. Anderson admitted to the police that he used had a firearm, and all eyewitnesses, including the sole defense witness, also alleged that Anderson had used a firearm. Malice, or deliberate design, may be inferred from use of a deadly weapon. Therefore, the trial court’s failure to grant a manslaughter jury instruction was not error. |
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