State v. Williams

670 So. 2d 414, 1996 WL 34446
CourtLouisiana Court of Appeal
DecidedJanuary 31, 1996
DocketCR95-879
StatusPublished
Cited by7 cases

This text of 670 So. 2d 414 (State v. Williams) 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. Williams, 670 So. 2d 414, 1996 WL 34446 (La. Ct. App. 1996).

Opinion

670 So.2d 414 (1996)

STATE of Louisiana, Appellee
v.
Nancy WILLIAMS, Defendant-Appellant.

No. CR95-879.

Court of Appeal of Louisiana, Third Circuit.

January 31, 1996.

*415 J. William Pucheu and Richard W. Vidrine, Ville Platte, for State of Louisiana.

Eric LaFleur, New Orleans, for Nancy Williams.

Before YELVERTON, WOODARD and AMY, JJ.

AMY, Judge.

After trial by jury, defendant, Nancy Williams, was convicted by a unanimous verdict of attempted second degree murder and sentenced to thirty-five years at hard labor. For the reasons set forth below, defendant's conviction and sentence are affirmed.

DISCUSSION OF THE RECORD

On April 30, 1994, the defendant and the victim, Milton Jackson, were engaged in an argument at the Express Lane in Mamou. The defendant followed the victim behind the cashier's counter. Wiggie Williams, brother of the defendant, grabbed the victim, pulled him over the counter, and held him while the defendant stabbed Jackson three times in his upper back, twice in the left side of his back, once in his lower back and once in his lower thigh. The stabbings resulted in the puncture *416 and collapse of his lower lung. Officer Allen Noel of the Mamou Police Department was dispatched to the scene and noticed that the victim was bleeding very badly. Subsequently, the victim received treatment at Savoy Hospital located nearby.

On June 10, 1994, defendant was indicted and pled not guilty to one count of attempted second degree murder, a violation of La.R.S. 14:27 and La.R.S. 14:30.1. She was also charged with one count of criminal damage to merchandise having a value of over $500, a violation of La.R.S. 14:56. At the conclusion of defendant's trial by jury on the attempted second degree murder charge, the jury returned a verdict of guilty as charged. On March 17, 1995, defendant was sentenced to thirty-five years at hard labor. Defendant now appeals her conviction and sentence of attempted second degree murder.

ANALYSIS

Defendant filed three assignments of error in the trial court: (1) That the sentence imposed by the Honorable Preston N. Aucoin, Judge of the 13th Judicial District Court, is excessive such as to render it cruel and unusual as prohibited by the Constitution of the United States and the Constitution of the State of Louisiana; (2) The evidence presented by the state did not support the conviction of the defendant guilty of Attempted Second Degree Murder; and (3) The trial court erred in not allowing counsel for defendant to present testimony and/or records of the victim's previous criminal record.

SUFFICIENCY OF THE EVIDENCE

In the case before us, the defendant was convicted of attempted second degree murder. La.R.S. 14:30.1 sets forth that "[s]econd degree murder is the killing of a human being ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm." La.R.S. 14:27(A) provides:

Any person who, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose.

In State v. Butler, 322 So.2d 189, 192 (La. 1975), the Louisiana Supreme Court held that since "[t]he crime of murder is `the killing of a human being,' under certain circumstances.... `[t]he elements of the crime of attempted murder are specific intent to kill a human being and an overt act in furtherance of the object....' [A] specific intent to kill is an essential element of the crime of attempted murder." (citations and quotations omitted).

Accordingly, as a matter of law, attempted murder may not be committed by an act with only the specific intent to commit great bodily harm; there must be specific intent to kill. Butler, 322 So.2d 189; State v. Strother, 362 So.2d 508 (La.1978); State v. Hall, 606 So.2d 972 (La.App. 3 Cir.1992), writ denied, 644 So.2d 385 (La.1994). Thus, the state must establish both of the following beyond a reasonable doubt: (1) that the defendant specifically intended to kill a human being and (2) that she committed an "act for the purpose of and tending directly toward the accomplishing of that intent.

The victim, Milton Jackson, testified that he and Darren Allison went to the Express Lane between twelve midnight and one a.m. on April 30, 1994 to get something to eat and drink. When they arrived in the parking lot at the Express Lane, the defendant and Brenda Williams were there. Jackson testified that he had known the defendant for two or three years, and he recounted that at a party months previous to this encounter, he had argued with defendant's brother-in-law, and she became involved, threatening him and had pulled a butter knife on him. Jackson testified that at this party he then punched the defendant and split her lip.

After the defendant climbed into the truck, Jackson testified that he informed Allison that if the defendant would be riding in the truck that he would get out. At this point, Jackson got out of the truck and began speaking with Sonny Richard and Michael Godley. He testified that at this point the defendant approached him and tried to start an argument by calling him names, but that *417 he just walked away and proceeded into the store. He testified that he never touched the defendant, and had tried to walk away from her when she was trying to argue with him. He further testified that as he was entering the store, the defendant threw a bottle at him and then proceeded to follow him inside. He related that he turned around to face her and he saw a knife in her hand. He testified that he ran behind the counter and told the store clerk, Paul LeJeune, to call the police. The defendant followed him behind the counter. At this point, the victim testified that Wiggie and Brenda entered the store and remained in front of the counter; that Brenda began throwing things at him and an object hit him on the head; and that Wiggie informed him that he had warned him not to mess with his sister and accused him of hitting his sister. The victim testified that he denied ever hitting the defendant that night and tried to explain that the defendant was screaming at him for having hit her months earlier.

The victim testified that Wiggie then grabbed him and held him down with his shirt over his head, which made him unable to see. The victim testified that after Wiggie grabbed the victim and held him down, the defendant started stabbing him. The victim testified that the defendant's nephews, Tracy and Stacy, came in the store at this point and started punching him and that when someone yelled out, "The police are coming," they scattered. Jackson explained that his back went numb and he was bleeding. When he left, his shirt stayed in the store.

The victim explained that after everyone fled, he went outside and was angry. He related that he saw Wiggie and picked up two bottles and threw them at Wiggie, and that Wiggie came after Jackson with what he believed was a knife, and Jackson began running to the hospital.

Paul LeJeune, the cashier at the Express Lane that night testified that the victim entered the store and asked him to call the police. The defendant followed the victim in and the victim walked behind the cashier counter. LeJeune inquired as to what they were doing and the victim responded to call the police. Next, he testified that the victim picked up a ticket pricing gun and threatened defendant saying, "Stay away from me.

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Cite This Page — Counsel Stack

Bluebook (online)
670 So. 2d 414, 1996 WL 34446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-williams-lactapp-1996.