Harris v. State
| Docket Number: | 2011-KA-00321-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-27-2012 Opinion Author: Russell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Manslaughter - Excusable homicide instruction - Section 97-3-17(a) - Weathersby rule - Weight of evidence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Ishee and Carlton, JJ. Concurs in Result Only: Barnes, J., concurs in result only without separate written opinion Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-22-2011 Appealed from: Washington County Circuit Court Judge: Richard Smith Disposition: CONVICTED OF MANSLAUGHTER AND SENTENCED TO TWENTY YEARS AND A FIREARM ENHANCEMENT AND SENTENCED TO FIVE YEARS WITH THE SENTENCES TO RUN CONCURRENTLY ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. Case Number: 2010-0242 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Roland Harris a/k/a Roland T. Harris |
GEORGE T. HOLMES
LESLIE S. LEE
MARVELL MAURICE GORDON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY |
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| Topic: | Manslaughter - Excusable homicide instruction - Section 97-3-17(a) - Weathersby rule - Weight of evidence |
| Summary of the Facts: | Roland Harris was convicted of manslaughter and an enhancement for using a firearm. He was sentenced to twenty years and five years, respectively. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Excusable homicide instruction Harris argues that the circuit court erred in refusing to give the jury an instruction on excusable homicide. Harris admitted he was engaged in the unlawful activity of drinking and driving and was intoxicated at the time of the shooting. It is undisputed that an intoxicated Harris pointed a loaded gun at the victim which resulted in the victim’s death. Such behavior by Harris clearly did not exhibit the “usual and ordinary caution” under section 97-3-17(a) to warrant an excusable homicide instruction. Issue 2: Weathersby rule Harris argues he should be acquitted under the Weathersby rule which provides that where the defendant or the defendant’s witnesses are the only eyewitnesses to the homicide, their version, if reasonable, must be accepted as true, unless substantially contradicted in material particulars by a credible witness or witnesses for the state, or by the physical facts or by the facts of common knowledge. The record shows that Harris did not raise the Weathersby-rule defense at trial or in his motion for JNOV. Therefore, Harris is procedurally barred from raising this issue for the first time on appeal. Issue 3: Weight of evidence Harris argues that the verdicts were against the overwhelming weight of the evidence. Accepting as true Harris’s own statement that he shot the victim with a .40 caliber automatic, along with the other evidence introduced at trial, the guilty verdicts are not against the overwhelming weight of the evidence. |
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