Minor v. State, 48111
| Decision Date | 28 October 1974 |
| Docket Number | No. 48111,48111 |
| Citation | 302 So.2d 248 |
| Parties | Nelse MINOR v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Robert L. Netterville, Natchez, for appellant.
A. F. Summer, Atty. Gen. by Karen Gilfoy, Sp. Asst. Atty. Gen., Jackson, for appellee.
Nelse Minor was indicted for murder and tried in the Circuit Court of Adams County. He was convicted of manslaughter and sentenced to ten years in the state penitentiary. He argues for reversal that the trial court erred in giving an instruction on murder and one on manslaughter since this required a compromise verdict of manslaughter when the facts would permit no verdict other than acquittal by way of accident or a conviction of murder.
Clarence McMorris was killed by a pistol shot in close proximity to his heart. At the time he was engaged in an altercation with appellant's brother, Tet Minor. The appellant intervened by striking McMorris separating him from his brother and immediately thereafter his pistol fired, mortally wounding McMorris.
The jury was presented with conflicting evidence concerning the actual shooting. Willie King, Jr., testifying for the prosecution, stated that he heard the shot, turned and saw the weapon in the appellant's hand and that his arm was extended. When questioned whether appellant was pointing it he answered: 'Well, it was coming down when I saw it.'
The appellant presented a witness who heard him say 'Oh Lord, it's an accident' immediately after the shot was fired. Lawrence Minor, another brother of the appellant, contradicted King's testimony, stating that McMorris had taken the pistol from the appellant and that during an ensuing struggle for the recovery of the weapon, it discharged killing McMorris. This witness stated the pistol was in McMorris' hand at the time it was fired.
The jury was thus presented an issue arising from conflicting testimony. It considered the evidence and resolved the conflict against the appellant. The jury being the sole judge of the weight and credibility of witnesses, we cannot say its verdict was in error. Marr v. State, 248 Miss. 281, 159 So.2d 167 (1963).
We conclude there was no error in granting the murder and manslaughter instructions. A defendant convicted of manslaughter may not complain at the giving of a murder instruction. See Bragg v. State, 210 So.2d 652 (Miss.1968), and the cases therein cited.
Moreover, the appellant not only voiced no objection...
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Towner v. State
...Carter v. State, 402 So.2d 817, 819 (Miss.1981). Consequently, he may not now levy complaints regarding S-3. See, e.g., Minor v. State, 302 So.2d 248, 249 (Miss. 1974); Hailes v. State, 315 So.2d 917, 918 (Miss.1975) (finding no error where, after trial under indictment for murder, defendan......
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Hull v. State
...v. State, 315 So.2d 917 (Miss.1975); King v. State, 315 So.2d 925 (Miss.1975); Null v. State, 311 So.2d 654 (Miss.1975); Minor v. State, 302 So.2d 248 (Miss.1974); Bragg v. State, 210 So.2d 652 There being no reversible error in the record, the case must be and is affirmed. AFFIRMED. PATTER......
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King v. State, 48567
...now complain of the giving of an instruction dealing with murder, even if erroneous, which we are not compelled to decide. Minor v. State, 302 So.2d 248 (Miss.1974); Bragg v. State,210 So.2d 652 Instruction no. 5 refused the appellant was what is commonly referred to as the 'two-theory inst......
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Hailes v. State, 48603
...not fatal because our rule is that one convicted of manslaughter may not complain of the giving of a murder instruction. Minor v. State, 302 So.2d 248 (Miss.1974); Bragg v. State, 210 So.2d 652 (Miss.1968). II. Other assignments of error argued by the appellant concern the sufficiency of th......