Simmons v. State
| Docket Number: | 2010-KA-00437-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-19-2012 Opinion Author: Maxwell, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Manslaughter - Sufficiency of evidence - Self-defense - Section 97-3-15(1)(f) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 03-08-2010 Appealed from: Washington County Circuit Court Judge: Margaret Carey-McCray Disposition: CONVICTED OF MANSLAUGHTER AND SENTENCED TO FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH NINE YEARS TO SERVE AND SIX YEARS SUSPENDED ON CONDITION THAT DEFENDANT COMPLETES FIVE YEARS’ UNSUPERVISED PROBATION, AND TO PAY $500 TO THE CRIME VICTIMS’ COMPENSATION FUND District Attorney: Willie Dewayne Richardson Case Number: 2008-300 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Larry Simmons |
LESLIE S. LEE
BENJAMIN ALLEN SUBER |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
|
|
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. |
|
| Topic: | Manslaughter - Sufficiency of evidence - Self-defense - Section 97-3-15(1)(f) |
| Summary of the Facts: | Larry Simmons was convicted of manslaughter. He appeals. |
| Summary of Opinion Analysis: | Simmons argues the State failed to prove beyond a reasonable doubt that he did not act in necessary self-defense when he shot and killed his wife’s boyfriend. The jury was properly instructed on necessary self-defense, tracking the definition in section 97-3-15(1)(f). The jury heard testimony that the fight had ended when Simmons went to his car. And instead of driving away, Simmons drew his rifle down on the victim and shot him at a distance. Though Simmons’s account of the shooting differed, it was the jury’s duty to resolve the conflicts in the testimony. Thus, the evidence was sufficient to sustain the manslaughter conviction. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
