Austin v. State


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Docket Number: 2001-KA-00920-COA
Linked Case(s): 2001-KA-00920-COA

Court of Appeals: Opinion Link
Opinion Date: 09-30-2003
Opinion Author: Bridges, J.
Holding: Appellant's motion for rehearing denied.

Additional Case Information: Topic: Murder - Self-defense instruction - Accident or misfortune instruction
Judge(s) Concurring: King and Southwick, P.JJ., Thomas, Lee, Myers, Chandler and Griffis, JJ.
Concurs in Result Only: McMillin, C.J. and Irving, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 05-29-2001
Appealed from: Coahoma County Circuit Court
Judge: Al Smith
Disposition: COUNT I - MURDER-LIFE IMPRISONMENT
District Attorney: Laurence Y. Mellen
Case Number: 2000-0061

  Party Name: Attorney Name:  
Appellant: McKennsey Austin a/k/a Lucky




ALLAN D. SHACKELFORD JOHNNIE E. WALLS



 

Appellee: State of Mississippi ALLAN D. SHACKELFORD JOHNNIE E. WALLS  

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Topic: Murder - Self-defense instruction - Accident or misfortune instruction

Summary of the Facts: McKennsey Austin was convicted of murder and sentenced to life imprisonment. He appeals.

Summary of Opinion Analysis: Issue 1: Self-defense instruction Austin argues that the judge erred in refusing a self-defense instruction. While a defendant is entitled to have instructions given which present his theory of the case, the court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in another instruction, or is without evidentiary foundation. The evidence shows that Austin got out of the car, which was still in motion, and purposefully shot the victim who was running away from Austin. Therefore, the judge properly denied the instruction for lack of an evidentiary foundation. Issue 2: Accident or misfortune instruction Austin argues that the judge erred in his denial of a jury instruction based on accident or misfortune. Although Austin claims that the victim was yelling at him and walked up to the car with his hands in his pockets, one does not have the right to kill another merely because he is afraid of him or because he is afraid he will receive some bodily harm. The judge properly denied the instruction for lack of an evidentiary foundation.


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