State v. Payne

461 So. 2d 1151
CourtLouisiana Court of Appeal
DecidedDecember 12, 1984
DocketNo. CR84-379
StatusPublished
Cited by3 cases

This text of 461 So. 2d 1151 (State v. Payne) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Payne, 461 So. 2d 1151 (La. Ct. App. 1984).

Opinion

CUTRER, Judge.

The defendant, Larry Payne, was indicted by a grand jury for second degree murder in violation of LSA-R.S. 14:30.1. On December 21, 1983, a twelve member jury found the defendant guilty as charged. Defendant was sentenced to life imprisonment without the benefit of probation, parole or suspension of sentence. Defendant appeals. We affirm.

FACTS

On August 7, 1983, the defendant, Larry Payne, arrived at the courthouse in Opelou-sas and informed police that he needed help, that he had just shot someone. Defendant directed officers to the scene, at which other police had already arrived. Defendant at first told the officers he had thrown the weapon in a bayou but later he turned the murder weapon in to the officers. The deceased victim, Clarence Randall, was found lying face down in a small dining room to the rear of his home. A .25 caliber semi-automatic pistol was found under his hand.

Raymond Randall, the son of the victim, testified that his father owned a .25 caliber pistol. The weapon found at the scene was not operable. The slide was lodged partially open and no shell was in the barrel. The circumstances indicated that the weapon had not been recently fired. Raymond Randall had been asleep on a sofa in the living room and was awakened by the shots, but did not see the actual incident.

Defendant’s wife, who was visiting Randall, gave eyewitness testimony.1 She stated that defendant came into the house, pulled a gun from inside his shirt and shot Randall twice, once in the head and once in the chest. She stated that Randall did not have a gun in his hand when he was shot.

The defendant testified that he went to Randall’s house to purchase car parts and that, on arrival, he asked to use his bathroom. He said that Randall followed him to the door of the bathroom, pushed him and fired a shot. Defendant then claims to have drawn his own gun and shot Randall in self-defense.

ASSIGNMENT OF ERROR

After the verdict, defendant moved for acquittal or, alternatively, that his conviction of murder be reduced to manslaughter. His sole assignment of error is that the trial court erred in denying this motion.

In brief, defendant argues that the State failed to prove that he had the specific intent to kill or inflict great bodily harm required by LSA-R.S. 14:30.1. He also argues that the State failed to prove beyond a reasonable doubt that the homicide was not committed in self-defense.

The appellate standard of review for the sufficiency of the evidence was set forth in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), and has been held to be applicable to cases involving direct or direct and circumstantial evidence. State v. Washington, 421 So.2d 887 (La.1982); State v. Hebert, 444 So.2d 228 (La.App. 1st Cir.1983). The Jackson v. Virginia standard requires that the evidence, when viewed in the light most favor[1153]*1153able to the prosecution, must be sufficient for a rational trier of fact to conclude that the essential elements of the crime were established beyond a reasonable doubt.

Second degree murder is defined in pertinent part by LSA-R.S. 14:30.1 as:

“Second degree murder is the killing of a human being:
(1) When the offender has a specific intent to kill or inflict great bodily harm;

Specific intent is defined by LSA-R.S. 14:10 as:

“Criminal intent may be specific or general:
(1) Specific criminal intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.”

As a state of mind, specific intent need not be proven as a fact, but may be inferred from the circumstances of the transaction and the actions of the defendant. State v. Graham, 420 So.2d 1126 (La.1982). Here, the defendant testified that he shot the victim in the head and chest while the victim was standing close enough to push him. From this it can be inferred that the defendant had the specific intent to kill or inflict great bodily harm. State v. Noble, 425 So.2d 734 (La.1983). Thus, the State sufficiently met its burden of proving that defendant had the specific intent to kill or inflict great bodily harm upon Randall.

Defendant also argues that he shot Randall in self-defense. Justifiable homicide is defined by LSA-R.S. 14:20 as:

“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; .... ”

Thus, a homicide is justifiable as self-defense only if the person committing the homicide reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that deadly force is necessary to save his life. State v. Guinn, 319 So.2d 407 (La.1975); State v. Brockington, 437 So.2d 994 (La.App. 3rd Cir.1983).

However, the defendant who asserts self-defense does not assume any burden of proof on that issue. The State has the affirmative duty of proving beyond a reasonable doubt that the homicide was not perpetuated in self-defense. State v. Sylvester, 438 So.2d 1277 (La.App. 3rd Cir.1983), aff’d 444 So.2d 606 (La.1984); State v. Brockington, supra; State v. Pittman, 428 So.2d 979 (La.App. 1st Cir.1983), writ den., 433 So.2d 155 (La.1983), U.S. cert. den., _ U.S. _, 104 S.Ct. 122, 78 L.Ed.2d 120 (1983). Thus, the State must show beyond a reasonable doubt that the defendant did not reasonably believe that he was in imminent danger of losing his life or receiving great bodily harm and that the killing was necessary to save his life.

On appeal, the relevant inquiry is 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. State v. Sylvester, supra; State v. Brown, 414 So.2d 726 (La.1982).

The defendant and his wife, Mrs. Jane Payne, had been physically separated since 1979. Despite this informal separation, the couple was on friendly terms and visited each other occasionally. On August 7, 1983, Mrs. Payne was visiting a friend, Clarence Randall, at his house. According to Mrs. Payne, they were not “dating;” they were just friends. Defendant claimed he needed an auto part, so he went to Randall’s house to see if he could buy it from Randall. He knocked on the door and Randall answered it. Mrs. Payne heard the two men talking about auto parts. Randall attempted to latch the door but defendant pushed the door open and came inside the house anyway.

[1154]*1154Mrs. Payne testified that no one was talking as the men walked in. Suddenly, defendant pulled up his shirt, pulled out a .38 caliber pistol, and aimed at Randall’s head. Mrs. Payne yelled, “Larry, don’t do that,” but defendant shot Randall in the head. Randall raised his hands in a defensive manner in front of his face which caused the bullet to go through his left arm and fatally strike his head. Mrs.

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Related

State v. MacKey
687 So. 2d 465 (Louisiana Court of Appeal, 1996)
State v. Delahoussaye
479 So. 2d 1074 (Louisiana Court of Appeal, 1985)
State v. Payne
464 So. 2d 314 (Supreme Court of Louisiana, 1985)

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461 So. 2d 1151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-payne-lactapp-1984.