Campbell v. State


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Docket Number: 2002-KA-00626-COA

Court of Appeals: Opinion Link
Opinion Date: 10-28-2003
Opinion Author: Irving, J.
Holding: Affirmed

Additional Case Information: Topic: Causing the death of another while driving intoxicated - Venue - Sufficiency of evidence
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 08-29-2001
Appealed from: Jones County Circuit Court
Judge: Billy Joe Landrum
Disposition: GUILTY OF CAUSING THE DEATH OF ANOTHER WHILE DRIVING NEGLIGENTLY AND WHILE INTOXICATED. SENTENCED TO TWENTY-FIVE YEARS IN THE CUSTODY OF THE MDOC WITH FIVE YEARS SUSPENDED. ORDERED TO PAY COURT COSTS.
District Attorney: C. Grant Hedgepeth
Case Number: 99-40-KR2

  Party Name: Attorney Name:  
Appellant: Jimmy E. Campbell




ANTHONY J. BUCKLEY



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN  

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Topic: Causing the death of another while driving intoxicated - Venue - Sufficiency of evidence

Summary of the Facts: Jimmy Campbell was convicted for causing the death of another while driving negligently and while intoxicated. He was sentenced to twenty-five years with five years suspended. Campbell appeals.

Summary of Opinion Analysis: Issue 1: Venue Campbell argues that the State failed to prove venue, because the State failed to put forth any evidence that the crime occurred in the Second Judicial District of Jones County. The local jurisdiction of all offenses, unless otherwise provided by law, shall be in the county where committed. Several witnesses testified during the State's case-in-chief that the crime took place in Laurel, Jones County, Mississippi. It is not open to dispute that Laurel is located in the Second Judicial District of Jones County. This was sufficient evidence to establish the requisite venue. Issue 2: Sufficiency of evidence Campbell argues that reasonable fair-minded jurors could not have found him guilty of negligently killing another while under the influence of intoxicating liquor, because what happened on the night in question was an unavoidable accident since the victim and his companions wore dark clothing and were walking in the street with their backs to oncoming traffic. The State was not required to prove that the intoxicating liquor caused or contributed to the accident, only that Campbell, while under the influence of intoxicating liquor, committed a negligent act that caused the death. Campbell had a blood alcohol level of .24%, his urine specimen contained .30% ethyl alcohol, and a Breathalyzer test showed an alcohol content of .204%. The proof was overwhelming that Campbell was intoxicated at the time. Whether he committed an act of negligence was a question for the jury to resolve. They resolved it against him notwithstanding conflicting testimony.


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