Black v. State

• Decision Date: 09 September 1991
• Docket Number: No. CR,CR
• Citation: 306 Ark. 394,814 S.W.2d 905
• Parties: Michael Anthony BLACK, Appellant, v. STATE of Arkansas, Appellee. 90-241.
• Court: Arkansas Supreme Court

Page 905

814 S.W.2d 905

306 Ark. 394

Michael Anthony BLACK, Appellant, v. STATE of Arkansas, Appellee.

No. CR 90-241.

Supreme Court of Arkansas.

Sept. 9, 1991.

Wayne Mooney, Harrisburg, for appellant.

Jeff Vining, Asst. Atty. Gen., Little Rock, for appellee.

GLAZE, Justice.

Appellant appeals from his conviction for first degree murder and sentence of life imprisonment. His sole argument on appeal is that there is insufficient evidence to support the jury's verdict. Appellant's argument is without merit; therefore, we affirm.

To meet its burden of proof for a conviction of murder in the first degree, the state must prove that a person with a purpose of causing the death of another person, causes the death of any person. Ark.Code Ann. § 5-10-102(a)(2) (Supp.1989). A person acts purposely with respect to his conduct or a result thereof when it is his conscious object to engage in conduct of that nature or to cause such a result. Ark.Code Ann. § 5-2-202(1) (1987).

In criminal cases, this court affirms where there is substantial evidence to support the verdict. Lunon v. State, 264 Ark. 188, 569 S.W.2d 663 (1978). Circumstantial evidence may be sufficient to sustain a conviction, Gardner v. State, 296 Ark. 41, 754 S.W.2d 518 (1988), and where circumstantial evidence alone is relied upon, it must indicate the accused's guilt and exclude every other reasonable hypothesis. Murry v. State, 276 Ark. 372, 635 S.W.2d 237 (1982). Whether circumstantial evidence excludes every other reasonable hypothesis is usually a question for the jury. Id. On appeal, however, this court views the evidence only to determine whether there is substantial evidence to support the verdict. Ronning v. State, 295 Ark. 228, 748 S.W.2d 633 (1988). Finally, in determining whether substantial evidence exists, the court reviews the evidence in the light most favorable to the appellee. Pope v. State, 262 Ark. 476, 557 S.W.2d 887 (1977).

On February 24, 1989, Earl Markway was found murdered in a field off Highway 63 in Trumann, Arkansas. He had been stabbed twenty-three times, and no money was found in his wallet. In reviewing the state's evidence introduced at trial, Markway, described as an older man dressed in western-style clothes, had been seen with the appellant at several bars on the night of the 23rd. Appellant, who is from Michigan, was in Trumann to marry his girlfriend, Missy Zech, and he had borrowed Missy's car, which was used to transport him and Markway that night. Appellant and Markway were first at a bar in Our Place from approximately 6:30 to 8:00 p.m., in West Main Tavern from about 8:30 to 9:30 p.m., and in Jim's Tavern between 9:00 and 10:00 p.m. Markway was buying beers for the appellant, and while at West Main Tavern, Markway complained because he was unable to obtain change for a $100.00 bill, so he paid with a $50.00 bill. After leaving Jim's Tavern, appellant and Markway were seen together at an Exxon station by a former girlfriend, Vicki Finney, and by Missy, who was out looking for her car. Appellant had just purchased a six-pack of Budweiser. He told Missy that he had to take Markway home and that he would return to his sister's (Anita Parker's) house where he was staying. Missy told appellant that she would follow him and Markway, but appellant lost them after leaving Exxon's premises.

Later that night, appellant showed up alone at another former girlfriend's (Carolyn Campbell's) house. Tammy, Carolyn's daughter, and two friends, Chris and Tony, were there and all agreed that appellant arrived at around 11:00 p.m. and went straight to the bathroom and ran water for a few minutes. Tammy and Chris both related they saw a knife in appellant's possession, and Tammy also said that she saw blood on appellant's hands when he came in. After a brief stay, appellant drove to his sister's house, where he arrived at about 11:30 p.m. and was described as being in a bad mood. He had $180.00 in his pocket and also had a full bottle of crack. The amount of money was greater than what appellant told Missy he had when they left Michigan. After changing his jacket and t-shirt at his sister's, he then got a ride to a bar named Rudy Kazoo.

The state presented six witnesses who testified that the appellant told them that he had killed the old man. First, a bouncer at Rudy Kazoo's bar stated that he broke up a fight involving the appellant and another, and appellant said, "You don't want to f___ with me, I done killed one m_____ f_____." Vicki Finney stated that, on the night of the 23rd, she also saw appellant at Rudy Kazoo, and he told her that he had stabbed an old man. That same night, appellant asked Vicki for a ride to Michigan and gave her $100.00 for the trip. On the journey to Michigan, Vicki saw appellant take a knife...