Buchanan v. State

567 So. 2d 194, 1990 WL 124892
CourtMississippi Supreme Court
DecidedAugust 8, 1990
Docket07-KA-59642
StatusPublished
Cited by46 cases

This text of 567 So. 2d 194 (Buchanan v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Buchanan v. State, 567 So. 2d 194, 1990 WL 124892 (Mich. 1990).

Opinion

567 So.2d 194 (1990)

Linda BUCHANAN
v.
STATE of Mississippi.

No. 07-KA-59642.

Supreme Court of Mississippi.

August 8, 1990.

*195 James P. Coleman, Coleman & Coleman, Joseph H. Loper, Jr., Ackerman, for appellant.

Mike C. Moore, Atty. Gen., Billy L. Gore, Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, C.J., and ROBERTSON and BLASS, JJ.

ROY NOBLE LEE, Chief Justice, for the Court:

Linda Buchanan was indicted, tried and convicted in the Circuit Court of Winston County on a charge of manslaughter and was sentenced to twenty (20) years in custody of the Mississippi Department of Corrections. She has appealed to this Court and assigns two issues for review.

FACTS

The facts in support of the verdict reflect that on September 13, 1987, at approximately 1:00 a.m., appellant shot and killed her boyfriend, Norman Boykin, with a .22 pistol. The homicide occurred in the home of appellant's mother in Louisville, Mississippi, where appellant and Boykin were living. Appellant admits killing Boykin but claims she did so in self defense.

On the day before the homicide, Boykin asked appellant to go with him for a six pack of beer and became angry when she refused to do so. He called Kenny Eaves to take him to the store and Eaves, his girlfriend, Sherry Parker, and Boykin got the beer and returned to appellant's house where they sat in the car and drank it. Boykin persuaded appellant to go with them to LaToro's beer joint in Noxubee County where they stayed until 12:00 a.m. and then drove back to Louisville. Appellant said that she drank only two beers but that Boykin was drunk at the time they left the bar.

Appellant and Boykin argued on their way home and Boykin pushed his hands in appellant's face and pulled her hair. They arrived home at approximately 12:30 a.m. Kenny Eaves and Sherry Parker declined to spend the night at appellant's house. According to appellant, Boykin was in a real violent mood and she was afraid; she tried to get away from him but he grabbed her and pushed her in the door; Boykin backhanded her across the face and forehead; she tried to run for the front door and Boykin snatched her away by the hair of the head; and they wound up in the den; and she attempted to call Boykin's mother but Boykin hung up the telephone.

Appellant stated that Boykin started to disconnect the telephone, and said he was going to kill her. She testified at trial that she knew where her mother kept a pistol in the dresser drawer and when Boykin started to disconnect the telephone, she got the gun and fired the first shot wide at the door; that she stood up and shot him and that he was getting up and coming toward her when she fired the second shot which killed him.

After the shooting, appellant ran out of the house to a neighbor's home and called the police. Gary Neal, an emergency medical technician for the ambulance department of the Winston County Hospital, responded to the call from the Louisville Police Department and went to the scene. He saw appellant walking up the driveway, crying and carrying a .22 caliber pistol, which he took from her. Officer Tim Palmer, already at the scene, had examined the body and found no vital signs. Appellant was advised of her Miranda rights and she gave a statement which includes most of the facts herein recited.

Gary Neal testified that appellant's face was red from crying but there didn't appear to be any marks, lacerations or bruises on her face and that appellant told him that she did not need to go to the hospital. Also, she did not appear to be hysterical *196 and appeared to know what she was doing and saying. Officer Tim Palmer testified that appellant told him without being asked, "I shot him. I told him he wasn't going to beat me." Investigating Officer McCart stated that he did not notice any bruises, swelling or scratches on appellant but she complained of pain in her neck and chest. She was taken to the hospital emergency room at 4:15 a.m. and was discharged at 5:35 a.m. The hospital records indicate that she was diagnosed as having a laceration of one centimeter to the inner lip and a laceration and two bruises on the forehead.

Dr. James Neal, a pathologist at the University Medical Center, testified that he performed an autopsy on the body of Norman Boykin; that he found an entrance wound from a gunshot in Boykin's back; and that the bullet, traveling in a slightly downward direction, had entered in the back, passed through the chest on the right side into the heart and into the left chest wall. He testified that the bullet had perforated the lung and the heart and the cause of death was internal bleeding. The external examination of the body revealed abrasions, one on the right cheek, a cluster along the inside of the right forearm between the elbow and wrist, and on the front part of the lower left leg.

LAW

I.

THE LOWER COURT ERRED WHEN IT OVERRULED DEFENDANT'S MOTION FOR A DIRECTED VERDICT OF ACQUITTAL OFFERED AT THE CONCLUSION OF THE STATE'S PRESENTATION OF ITS CASE AND AGAIN AT THE CLOSE OF ALL THE PROOF, APPLYING THE WEATHERSBY RULE AND CONSIDERING THAT THE GUILTY VERDICT WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE AND THUS CONTRARY TO LAW.

Appellant contends that, under the facts of this case, the Weathersby Rule should have been applied and she should have been granted a directed verdict of not guilty. In the alternative, she claims that the verdict was against the overwhelming weight of the evidence and that she should have been granted a new trial.

On April 10, 1933, the Court decided Weathersby v. State, 165 Miss. 207, 147 So. 481, a homicide case. The defendant, Weathersby, and his wife were the only witnesses present at the homicide. Their testimony and the physical facts reflected that Weathersby acted in self defense. In the community in which he lived his reputation for peace and violence was bad. A few moments prior to the killing, the deceased had been to the home of Weathersby and had threatened Weathersby and his wife with death. When he again approached the Weathersby home with a pistol, the victim was particularly abusive to Mrs. Weathersby, he renewed threats against the Weathersbys and had approached to within a few feet of the residence when Weathersby shot him. The Court held that the evidence did not support the verdict of guilty and that the State failed in its proof. The judgment of conviction was reversed and Weathersby was discharged. The Court stated:

[W]here the defendant or the defendant's witnesses are the only eyewitness to the homicide, their version, if reasonable, must be accepted as true, unless substantially contradicted in material particulars by a credible witness or witnesses for the state, or by the physical facts or by the facts of common knowledge.

Weathersby v. State, 165 Miss. 207, 209, 147 So. 481, 482 (1933).

The decision and language above has since been referred to as the Weathersby Rule. However, the law was not new. Five cases cited in Weathersby had been decided previously and the legal principle was expressed in them. Defendants have often cited and argued application of the Weathersby Rule, but seldom have they prevailed. Usually, a factual issue is presented which requires submission of the case to the jury. In Wetz v. State, 503 *197 So.2d 803 (Miss. 1987), this Court expressed the other side of the Rule:

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Cite This Page — Counsel Stack

Bluebook (online)
567 So. 2d 194, 1990 WL 124892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buchanan-v-state-miss-1990.