The Court instructs the jury that if a Defendant, when sober, is capable of distinguishing between right and wrong, and Davis voluntarily deprives himself of the ability to distinguish between right and wrong by reason of becoming intoxicated by use of alcohol or drugs and commits an offense while in that condition, he is criminally responsible for such acts. Therefore, if you find from the evidence in this case beyond a reasonable doubt that Davis, Jeffrey K. Davis, was capable of distinguishing between right and wrong at the time of the alleged offense or that he voluntarily deprived himself of the ability to distinguish between right and wrong by becoming intoxicated by the use of alcohol or drugs, and while in that condition committed the offense of Capital Murder, then he is criminally responsible for that act, and in such event you should find Davis guilty as charged.
If a defendant, when sober, is capable of distinguishing between right and wrong, and Davis voluntarily deprives himself of the ability to distinguish between right and wrong by reason of becoming intoxicated and commits an offense while in that condition, he is criminally responsible for such acts.
*653 Trial courts must remember that the purpose of the McDaniel rule is to remove voluntary intoxication as a defense, not to provide an affirmative instruction for the state which might mislead a jury to thinking that it is not necessary [for the state] to prove intent, when intent is a requisite ingredient of the offense.
If you believe from all the evidence in this case, beyond a reasonable doubt, that Davis, Jeffrey K. Davis, on or about July 11, 1991, in Greene County, Mississippi, did wilfully, unlawfully, feloniously and of his malice aforethought, deliberate design, then and there, kill and murder Hillman, a human being, without authority of law, when engaged in the commission of the crime of Robbery, then, if you so believe from all the evidence in this case beyond a reasonable doubt, Davis is guilty of Capital Murder, and it is your sworn duty to say so by your verdict. (emphasis added).
If you believe from all the evidence in this case beyond a reasonable doubt that Davis, Jeffrey K. Davis, in Greene County, Mississippi, on or about July 11, 1991, wilfully, unlawfully, and feloniously, with the felonious intent to permanently deprive the owner thereof, did take steal and carry away or attempt to take, steal and carry away the personal property of Hillman, from the presence and against the will of the said Hillman, by violence to her person with a deadly weapon, then the same would constitute armed robbery. (emphasis added).
I didn't question the suspect, but I was there while he was having conversations with the Sheriff and Officer Fortenberry. And the main thing that I noted about Davis is that he seemed not to have any remorse about what had taken place.
The demeanor, acts and conduct of an accused at the time and subsequent to the crime are admissible. However, this should be limited to a statement of the facts by the witness or witnesses, leaving the jury free to form its own conclusions. The admission of the opinion of the officers who investigated the killing that the appellant showed no signs of grief, over the objection of the appellant, was improper and highly prejudicial.
[The prosecutor] may comment upon any facts introduced into evidence. He may draw whatever deductions seem to him proper from these facts, so long as he does not use violent and abusive language, and even in many cases invectives may be justified and even called for, as pointed out by Chief Justice Whitfield in Gray v. State, 90 Miss. 235, 43 So. 289 [1907].
A state may legitimately conclude that evidence about the victim and about the impact of the murder of the victim's family is relevant to the jury's decision as to whether or not the death penalty should be imposed.
[W]hether or not a defense under the indictment or information as it originally stood would be equally available after the amendment is made and whether or not any evidence accused might have would be equally applicable to the indictment or information in the one form as in the other; if the answer is in the affirmative, the amendment is one of form and not of substance.
DEATH CASES AFFIRMED BY THIS COURT |
Blue v. State, 674 So.2d 1184 (Miss.1996). |
Jackson v. State, 672 So.2d 468 (Miss.1996). |
Holly v. State, 671 So.2d 32 (Miss.1996). |
Walker v. State, 671 So.2d 581 (Miss.1995). |
Russell v. State, 670 So.2d 816 (Miss.1995). |
Ballenger v. State, 667 So.2d 1242 (Miss.1995). |
Davis v. State, 660 So.2d 1228 (Miss.1995). |
Carr v. State, 655 So.2d 824 (Miss.1995). |
Mack v. State, 650 So.2d 1289 (Miss.1994). |
Chase v. State, 645 So.2d 829 (Miss.1994). |
Foster v. State, 639 So.2d 1263 (Miss.1994). |
Conner v. State, 632 So.2d 1239 (Miss.1993). |
Hansen v. State, 592 So.2d 114 (Miss.1991). |
* Shell v. State, 554 So.2d 887 (Miss.1989), Shell v. Mississippi, 498 U.S. 1, 111 S.Ct. 313, 112 L.Ed.2d 1 (1990) reversing, in part, and remanding, Shell v. State, 595 So.2d 1323 (Miss.1992) remanding for new sentencing hearing. |
Davis v. State, 551 So.2d 165 (Miss.1989). |
Minnick v. State, 551 So.2d 77 (Miss.1989). |
* Pinkney v. State, 538 So.2d 329 (Miss.1989), Pinkney v. Mississippi, 494 U.S. 1075, 110 S.Ct. 1800, 108 L.Ed.2d 931 (1990) vacating and remanding Pinkney v. State, 602 So.2d 1177 (Miss.1992) remanding for new sentencing hearing. |
* Clemons v. State, 535 So.2d 1354 (Miss.1988), Clemons v. Mississippi, 494 U.S. 738, 110 S.Ct. 1441, 108 L.Ed.2d 725 (1990) vacating and remanding, Clemons v. State, 593 So.2d 1004 (Miss.1992) remanding for new sentencing hearing. |
Woodward v. State, 533 So.2d 418 (Miss.1988). |
Nixon v. State, 533 So.2d 1078 (Miss.1987). |
Cole v. State, 525 So.2d 365 (Miss.1987). |
Lockett v. State, 517 So.2d 1346 (Miss.1987). |
Lockett v. State, 517 So.2d 1317 (Miss.1987). |
Faraga v. State, 514 So.2d 295 (Miss.1987). |
* Jones v. State, 517 So.2d 1295 (Miss.1987), Jones v. Mississippi, 487 U.S. 1230, 108 S.Ct. 2891, 101 L.Ed.2d 925 (1988) vacating and remanding, Jones v. State, 602 So.2d 1170 (Miss.1992) remanding for new sentencing hearing. |
Wiley v. State, 484 So.2d 339 (Miss.1986). |
Johnson v. State, 477 So.2d 196 (Miss.1985). |
Gray v. State, 472 So.2d 409 (Miss.1985). |
Cabello v. State, 471 So.2d 332 (Miss.1985). |
Jordan v. State, 464 So.2d 475 (Miss.1985). |
Wilcher v. State, 455 So.2d 727 (Miss.1984). |
Billiot v. State, 454 So.2d 445 (Miss.1984). |
Stringer v. State, 454 So.2d 468 (Miss.1984). |
Dufour v. State, 453 So.2d 337 (Miss.1984). |
Neal v. State, 451 So.2d 743 (Miss.1984). |
Booker v. State, 449 So.2d 209 (Miss.1984). |
Wilcher v. State, 448 So.2d 927 (Miss.1984). |
Caldwell v. State, 443 So.2d 806 (Miss.1983). |
Irving v. State, 441 So.2d 846 (Miss.1983). |
Tokman v. State, 435 So.2d 664 (Miss.1983). |
Leatherwood v. State, 435 So.2d 645 (Miss.1983). |
Hill v. State, 432 So.2d 427 (Miss.1983). |
Pruett v. State, 431 So.2d 1101 (Miss.1983). |
Gilliard v. State, 428 So.2d 576 (Miss.1983). |
Evans v. State, 422 So.2d 737 (Miss.1982). |
King v. State, 421 So.2d 1009 (Miss.1982). |
Wheat v. State, 420 So.2d 229 (Miss.1982). |
Smith v. State, 419 So.2d 563 (Miss.1982). |
Johnson v. State, 416 So.2d 383 (Miss.1982). |
Edwards v. State, 413 So.2d 1007 (Miss.1982). |
Bullock v. State, 391 So.2d 601 (Miss.1980). |
Reddix v. State, 381 So.2d 999 (Miss.1980). |
Jones v. State, 381 So.2d 983 (Miss.1980). |
Culberson v. State, 379 So.2d 499 (Miss.1979). |
Gray v. State, 375 So.2d 994 (Miss.1979). |
Jordan v. State, 365 So.2d 1198 (Miss.1978). |
Voyles v. State, 362 So.2d 1236 (Miss.1978). |
Irving v. State, 361 So.2d 1360 (Miss.1978). |
Washington v. State, 361 So.2d 61 (Miss.1978). |
Bell v. State, 360 So.2d 1206 (Miss.1978). |
DEATH CASES REVERSED AS TO GUILT PHASE AND SENTENCE PHASE |
Giles v. State, 650 So.2d 846 (Miss.1995) |
Duplantis v. State, 644 So.2d 1235 (Miss.1994) |
Harrison v. State, 635 So.2d 894 (Miss.1994) |
Butler v. State, 608 So.2d 314 (Miss.1992). |
Jenkins v. State, 607 So.2d 1171 (Miss.1992). |
Abram v. State, 606 So.2d 1015 (Miss.1992). |
Balfour v. State, 598 So.2d 731 (Miss.1992). |
Griffin v. State, 557 So.2d 542 (Miss.1990). |
Bevill v. State, 556 So.2d 699 (Miss.1990). |
West v. State, 553 So.2d 8 (Miss.1989). |
Leatherwood v. State, 548 So.2d 389 (Miss.1989). |
Mease v. State, 539 So.2d 1324 (Miss.1989). |
Houston v. State, 531 So.2d 598 (Miss.1988). |
West v. State, 519 So.2d 418 (Miss.1988). |
Davis v. State, 512 So.2d 1291 (Miss.1987). |
Williamson v. State, 512 So.2d 868 (Miss.1987). |
Foster v. State, 508 So.2d 1111 (Miss.1987). |
Smith v. State, 499 So.2d 750 (Miss.1986). |
West v. State, 485 So.2d 681 (Miss.1985). |
Fisher v. State, 481 So.2d 203 (Miss.1985). |
Johnson v. State, 476 So.2d 1195 (Miss.1985). |
Fuselier v. State, 468 So.2d 45 (Miss.1985). |
West v. State, 463 So.2d 1048 (Miss.1985). |
Jones v. State, 461 So.2d 686 (Miss.1984). |
Moffett v. State, 456 So.2d 714 (Miss.1984). |
Lanier v. State, 450 So.2d 69 (Miss.1984). |
Laney v. State, 421 So.2d 1216 (Miss.1982). |
DEATH CASES REVERSED AS TO PUNISHMENT AND REMANDED FOR RESENTENCING TO LIFE IMPRISONMENT |
Reddix v. State, 547 So.2d 792 (Miss.1989). |
Wheeler v. State, 536 So.2d 1341 (Miss.1988). |
White v. State, 532 So.2d 1207 (Miss.1988). |
Bullock v. State, 525 So.2d 764 (Miss.1987) |
Edwards v. State, 441 So.2d 84 (Miss.1983). |
Dycus v. State, 440 So.2d 246 (Miss.1983). |
Coleman v. State, 378 So.2d 640 (Miss.1979). |
DEATH CASES REVERSED AS TO PUNISHMENT AND REMANDED FOR A NEW TRIAL ON SENTENCING PHASE ONLY |
Taylor v. State, 672 So.2d 1246 (Miss.1996). |
* Shell v. State, 554 So.2d 887 (Miss.1989), Shell v. Mississippi, 498 U.S. 1, 111 S.Ct. 313, 112 L.Ed.2d 1 (1990) reversing, in part, and remanding, Shell v. State, 595 So.2d 1323 (Miss.1992) remanding for new sentencing hearing. |
* Pinkney v. State, 538 So.2d 329 (Miss.1989), Pinkney v. Mississippi, 494 U.S. 1075, 110 S.Ct. 1800, 108 L.Ed.2d 931 (1990) vacating and remanding, Pinkney v. State, 602 So.2d 1177 (Miss.1992) remanding for new sentencing hearing. |
* Clemons v. State, 535 So.2d 1354 (Miss.1988), Clemons v. Mississippi, 494 U.S. 738, 110 S.Ct. 1441, 108 L.Ed.2d 725 (1990) vacating and remanding, Clemons v. State, 593 So.2d 1004 (Miss.1992) remanding for new sentencing hearing. |
* Jones v. State, 517 So.2d 1295 (Miss.1987), Jones v. Mississippi, 487 U.S. 1230, 108 S.Ct. 2891, 101 L.Ed.2d 925 (1988) vacating and remanding, Jones v. State, 602 So.2d 1170 (Miss.1992) remanding for new sentencing hearing. |
Russell v. State, 607 So.2d 1107 (Miss.1992). |
Holland v. State, 587 So.2d 848 (Miss.1991). |
Willie v. State, 585 So.2d 660 (Miss.1991). |
Ladner v. State, 584 So.2d 743 (Miss.1991). |
Mackbee v. State, 575 So.2d 16 (Miss.1990). |
Berry v. State, 575 So.2d 1 (Miss.1990). |
Turner v. State, 573 So.2d 657 (Miss.1990). |
State v. Tokman, 564 So.2d 1339 (Miss.1990). |
Johnson v. State, 547 So.2d 59 (Miss.1989). |
Williams v. State, 544 So.2d 782 (Miss.1989). |
Lanier v. State, 533 So.2d 473 (Miss.1988). |
Stringer v. State, 500 So.2d 928 (Miss.1986). |
Pinkton v. State, 481 So.2d 306 (Miss.1985). |
Mhoon v. State, 464 So.2d 77 (Miss.1985). |
Cannaday v. State, 455 So.2d 713 (Miss.1984). |
Wiley v. State, 449 So.2d 756 (Miss.1984). |
Williams v. State, 445 So.2d 798 (Miss.1984). |
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