State v. Jackson

452 So. 2d 1225
Louisiana Court of Appeal·Decided June 6, 1984·No. 16164-KA·Published·Cited by 19 cases

Opinion

452 So.2d 1225 (1984)

STATE of Louisiana, Appellee,
v.
Charles JACKSON, Appellant.

No. 16164-KA.

Court of Appeal of Louisiana, Second Circuit.

June 6, 1984.

*1229 J. Rush Wimberly, III, Arcadia, for appellant.

William J. Guste, Jr., Atty. Gen., John C. Blake, Dist. Atty.; H. Russell Davis, Asst. Dist. Atty., Arcadia, for appellee.

Before PRICE, HALL and NORRIS, JJ.

NORRIS, Judge.

Defendant, Charles Jackson, appeals a jury conviction of manslaughter in violation of La.R.S. 14:31 and a resulting sentence of eighteen years at hard labor assigning four errors:

(1) The State of Louisiana failed to meet its burden of proving beyond a reasonable doubt that the killing was not perpetrated in self defense, and that the homicide was not justified;
(2) The State of Louisiana failed to meet its burden in proving that a homicide was committed;
(3) The sentence given to the defendant was excessive in violation of United States Constitutional Amendment VIII and Louisiana Constitution of 1974, Article I, Section 20; [and]
(4) The Court failed to sustain numerous objections during the course of the trial and thereby prejudiced defendant's right to due process under United States Constitutional Amendment 5 and Louisiana Constitution of 1974, Article 1, Section 16.

FACTS

During the evening of September 11, 1982, six people, including the defendant and the victim, William Curtis Brown, met at Logan's Place, a nightclub located in Shiloh, Louisiana. After deciding to go to Sheppard's Inn, another nightclub, the group left Logan's Place in separate cars to leave the vehicle owned by one of the females. At the residence where the vehicle was left, the defendant and Johnny Lee Boston began arguing; however, this argument ceased prior to the group's leaving in one vehicle for Sheppard's Inn. The group was seated in the vehicle as follows: Sevetra Combs was in the driver's seat; Octavian Cockerham in the front middle seat; the defendant in the front passenger seat; Brown in the left rear passenger seat; Ann Venzant in the middle back seat; and Johnny Lee Boston in the right rear passenger seat.

During the drive to Sheppard's Inn, the defendant and Brown began to argue. However, the occupants of the car managed to convince them to cease their arguing. When the group arrived at Sheppard's Inn, the driver stopped the vehicle on the opposite side of the highway from the club. Brown then reached over the seat of the car and cut the defendant on his head. Brown then exited the vehicle pursued by the defendant and a fight ensued with the defendant striking Brown several times with his fists and rendering him unconscious. Thereafter, the defendant, who was wearing sneakers, was pulled off of Brown, who remained unconscious in the ditch. However, the defendant broke free and began stomping Brown in the head and face until he was again pulled away.

Brown, still in an unconscious state, was then taken to the Bienville General Hospital in Arcadia, and later transferred to the LSU Medical Center in Shreveport by ambulance. Upon his arrival at the LSU Medical Center, Brown was examined and his neurological condition was found to be devoid of upper level mental functions. Only spinal cord reflexes were found to be present; in other words in layman's terms, Brown was a mere "vegetable". Brown remained hospitalized in this condition until October 6, 1982, when he died from pneumonia, a secondary complication of the initial head injury inflicted by defendant.

Defendant was originally indicted for second degree murder in violation of La. R.S. 14:30.1, tried by jury, convicted of manslaughter[1] in violation of La.R.S. 14:31 and sentenced to 18 years at hard labor.

*1230 ASSIGNMENT OF ERROR NO. 1

By this assignment of error, the defendant contends that the state failed to meet its burden of proving beyond a reasonable doubt the essential elements of the crime of manslaughter, particularly arguing that the state failed to prove beyond a reasonable doubt that the homicide was not committed in self defense.

A defendant in a homicide prosecution who asserts that he acted in self defense does not have the burden of proof on that issue because the state bears the burden of establishing beyond a reasonable doubt that the homicide was not perpetrated in self defense. State v. Brown, 414 So.2d 726 (La.1982); State v. Collins, 306 So.2d 662 (La.1975); State v. Patterson, 295 So.2d 792 (La.1974).

La.R.S. 14:20 provides:
A homicide is justifiable:
(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger; or
(2) When committed, for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm, by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.

When this issue is presented for review on appeal, the relevant inquiry becomes whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found beyond a reasonable doubt that the homicide was not committed in self defense. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Brown, supra.

The facts of this homicide were developed at trial through the testimony of the occupants of the car, other onlookers and the defendant.

Sevetra Combs testified that while she was driving the vehicle to Sheppard's Inn, the defendant and Brown began arguing. After she parked the car on the shoulder of the road, the defendant and Brown exited the vehicle with the defendant advancing on Brown. This witness testified that Octavian Cockerham attempted to restrain the defendant at this point but that when he let the defendant go, the defendant knocked Brown to the ground hitting him in the face about three times. At this point, this witness left the scene to obtain assistance. This witness testified that she never saw Brown with a knife but that she did see Brown reach over the seat of the car toward the defendant. After this occurred, the defendant stated that Brown had cut him. This witness testified further that Brown never got a "lick in" after the defendant got out of the car. She did state that after the fight was completed she observed three cuts on the defendant's head.

Elizabeth Ann Venzant testified that the defendant exited the vehicle before Brown. She testified that the defendant pushed *1231 Brown, who had a knife in his hand. She saw the knife hit the defendant's head after which the defendant pushed Brown and he fell. She testified that the defendant kept beating Brown after he was knocked out. She further stated that Octavian and John Lee Boston pulled the defendant off of Brown after which the defendant got loose, ran back, and began stomping the unconscious Brown around the face.

John Lee Boston testified that the defendant and Brown began arguing in the car. This wi

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