Smith v. State
| Docket Number: | 2002-KA-01296-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-09-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Sufficiency of evidence - Impartial jury Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ. Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-12-2002 Appealed from: Clay County Circuit Court Judge: John M. Montgomery Disposition: MURDER - SENTENCED TO LIFE IMPRISONMENT IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: Forrest Allgood Case Number: 8003 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Keith Smith |
WILLIAM C. STENNETT |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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 - Sufficiency of evidence - Impartial jury |
| Summary of the Facts: | Keith Smith was convicted of murder and sentenced to life imprisonment. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Smith argues that the State failed to prove the requisite state of mind to commit murder, because there was no showing he had designed and planned to kill the victim and that the State failed to reconstruct the events of the night in question. The testimony was undisputed that the victim and Smith had encountered one another at the nightclub early in the night and that the victim shook hands with all of Smith’s friends. The testimony was conflicting as to whether the victim and Smith actually shook hands, but it is clear that prior problems existed, thus forming the motive and necessary state of mind for murder. Smith also argues that since the assault rifle used in the crime was never recovered, the State cannot meet its burden of proof. At trial, evidence was presented that the exact type of spent shell casings found in the parking lot area of the nightclub where Smith fired the weapon, were found at Smith’s residence. Further, there was testimony by Smith that he indeed fired a weapon that was left in his vehicle by some people he met at a store that went riding around and consuming alcohol with Smith, but that he fired the gun in self-defense. It cannot be stated that the State failed to prove the essential elements of the crime. Issue 2: Impartial jury Smith argues that he was not provided a fair and impartial jury, because one of the jurors might have been related to the victim by marriage. There is substantial evidence which indicates that if a degree of relationship exists, the juror was not aware of any such relationship, and his decision was unaffected. |
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