Womack v. State

774 So. 2d 476, 2000 WL 1247645
CourtCourt of Appeals of Mississippi
DecidedSeptember 5, 2000
Docket1999-KA-01246-COA
StatusPublished
Cited by4 cases

This text of 774 So. 2d 476 (Womack v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Womack v. State, 774 So. 2d 476, 2000 WL 1247645 (Mich. Ct. App. 2000).

Opinion

774 So.2d 476 (2000)

Larry WOMACK, Appellant,
v.
STATE of Mississippi, Appellee.

No. 1999-KA-01246-COA.

Court of Appeals of Mississippi.

September 5, 2000.
Rehearing Denied October 24, 2000.
Certiorari Denied December 21, 2000.

*478 Dan W. Duggan, Jr., Brandon, Vicki L. Gilliam, Jackson, Attorneys for Appellant.

Office of the Attorney General by Deirdre McCrory, Attorney for Appellee.

BEFORE KING, P.J., LEE, AND MYERS, JJ.

LEE, J., for the Court:

¶ 1. Larry Womack was convicted for the crime of murder. Feeling aggrieved by the decision of the jury, Womack has filed a timely appeal. Womack asserts the following issues: (1) whether the trial court erred when it denied Womack's motion for directed verdict, motion for judgment notwithstanding the verdict, and in finding that the verdict was not against the overwhelming weight of the evidence, and (2) whether the trial court erred by granting the State's motion in limine which prevented Womack from introducing the verdict of manslaughter rendered by the jury against the co-defendant in a separate case. Finding these issues without merit, we affirm the decision of the lower court.

FACTS

¶ 2. The evidence presented in the case revealed that Larry Womack and Onealius Sheppard were involved in the shooting of Emanuel Fox. However, some of the circumstances that prompted the shooting of Emanuel were in dispute.

¶ 3. It is undisputed that Emanuel Fox's death resulted from a gun shot wound created by a .380 caliber bullet. The testimony of Sheppard revealed that he possessed the .38 firearm and that it had been concealed prior to the shooting. Sheppard admitted to aiming and firing the gun in the direction of Emanuel and his brother, John Fox, Jr. The testimony also revealed that Womack possessed a concealed .38 revolver containing wad cutters, and he had fired this gun at least once in the direction of Emanuel's house. The major issues that were in dispute were the facts pertaining to a struggle that occurred between Womack and Emanuel prior to Emanuel's shooting and whether a firearm was possessed by Emanuel or his brother, John Fox, Jr. immediately preceding the shooting and death of Emanuel. The testimony of the witnesses will be discussed in issue one.

DISCUSSION

I. WHETHER THE TRIAL COURT ERRED WHEN IT DENIED WOMACK'S MOTION FOR DIRECTED VERDICT, MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT, AND IN FINDING THE VERDICT WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.

¶ 4. Womack contends that the State failed to prove beyond a reasonable doubt the deliberate design element for the crime of murder. Instead, Womack *479 states that if found guilty at all, he should be found guilty of manslaughter, either under the theory that the killing occurred during the commission of a misdemeanor (i.e., carrying a concealed weapon) pursuant to Miss.Code Ann. § 97-3-29 (Rev. 1994), or the theory of self-defense under Miss.Code Ann. § 97-3-31 (Rev.1994). In turn, Womack argues that the trial judge erred when he denied his motion for directed verdict and motion for judgment notwithstanding the verdict. Womack also argues that the verdict of the jury was against the overwhelming weight of the evidence. This Court will first recount the testimony given at trial and examine the contention that the trial judge erred when he failed to grant a directed verdict or judgment notwithstanding the verdict. We will review these arguments and the facts in light of the instructions given to the jury and the law which states that when an individual aids and abets another while that individual is committing a crime he or she may be convicted and sentenced as the principal. Stevenson v. State, 738 So.2d 1248 (¶ 11) (Miss.Ct.App.1999).

¶ 5. The first witness that was called by the State to testify was Shirley Fox, Emanuel's mother. Shirley Fox testified that she had arrived at home from the casino around twelve o' clock midnight. Shirley lived next to Emanuel. Shirley told the jury that she walked next door to talk to her son Emanuel and inform him that she had won some money. Shirley explained that when she arrived at Emanuel's house he was in bed and was asleep. After she had spoken with Emanuel, Shirley stated she went back to her apartment and shortly thereafter went next door. While Shirley was next door she heard loud talking coming from the direction of the front lawn. Shirley proceeded to go outside and claimed she witnessed Emanuel standing on a green and black automobile and two males standing on the porch. Shirley instructed Emanuel to go inside the house and directed the other two males to go home. Shirley further testified that she did not witness a tussle or a scuffle between Emanuel and the two males. Thereafter, Shirley walked back into her house, at which time she heard gunshots. Shirley immediately ran back outside where she saw Emanuel lying on the ground shot. Additionally, Shirley testified that her other son, John, Jr. was present at Emanuel's; however, prior to the shooting she was unaware of his presence. Shirley testified that she had not had the opportunity to see any firearms or other weapons in Emanuel's hands. Additionally, she stated that at the time she saw John, Jr. he was not in possession of a gun. Shirley claimed that she had never seen a shotgun in Emanuel's duplex. Shirley explained that she had heard about three gunshots prior to discovering that Emanuel had been shot. The second witness for the State was Officer Terry Dismukes.

¶ 6. Officer Dismukes testified that he had arrived at the scene of Emanuel's shooting and interviewed John, Jr. The officer admitted that at the time he interviewed John, Jr., John appeared emotional and distraught. The officer's testimony was as follows:

He told us that he was in the back. When he heard a knock at the door, he walked up to the front. His brother, Emanuel, answered the door. At that time it was an individual by the name of Tiger (a.k.a. Larry) Womack at the door, along with another black male whom he did not know. He didn't hear the conversation, but the next thing he know [sic] Tiger Womack fired a shot.

Additionally, John, Jr. had informed Officer Dismukes that Womack and the other male were in a blue, older model Cadillac. Officer Dismukes testified that he did not see any guns inside the house; however, Officer Hutchins had found what appeared to be marijuana in the bedroom. The next witness called by the State was John Fox, Jr.

¶ 7. John, Jr. testified that he was present at the time his brother Emanuel was *480 shot. John, Jr. stated that the incident occurred about 1:30 a.m. John, Jr. explained that he was asleep on the couch when he heard Emanuel call his name. Upon hearing his name he left his position on the couch and proceeded toward Emanuel.

¶ 8. At this time, John, Jr. observed Emanuel and Womack grasping each other. John, Jr. was not sure if they were struggling with each other; nonetheless, he did not witness Emanuel or Womack striking each other. John, Jr. said that Emanuel and Womack were holding each other by the arm, and that by the time he had moved off the couch and made it to the door, Womack had "broke a loose" and jumped off the porch backwards. Thereafter, Womack pulled his firearm.

¶ 9. John, Jr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Tillis v. State
176 So. 3d 37 (Court of Appeals of Mississippi, 2014)
Adams v. Mississippi State Oil & Gas Board
80 So. 3d 869 (Court of Appeals of Mississippi, 2012)
Coleman v. State
915 So. 2d 468 (Court of Appeals of Mississippi, 2005)
Hester v. State
841 So. 2d 158 (Court of Appeals of Mississippi, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
774 So. 2d 476, 2000 WL 1247645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/womack-v-state-missctapp-2000.