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CARRIE MAE SHEDWICK v. STATE OF MISSISSIPPI

JULY 18, 1984

CARRIE MAE SHEDWICK
v.
STATE OF MISSISSIPPI



BEFORE PATTERSON, C.J., HAWKINS & PRATHER, JJ.

PATTERSON, CHIEF JUSTICE, FOR THE COURT:

In the Circuit Court of Coahoma County, Carrie Mae Shedwick was tried on a charge of murder and convicted of manslaughter. The Court sentenced her to serve a term of twelve (12) years in the custody of the Mississippi Department of Corrections with five (5) years suspended.

Shedwick appeals, assigning as error that the trial court:

 1. Allowed into evidence a transcript of the tape recorded statement of Shedwick;

 2. Overruled Shedwick's motion to reduce the charge to manslaughter; and

 3. Overruled Shedwick's motion for directed verdict.

 The State's case is based primarily on a statement given by Shedwick shortly before midnight on March 14, 1982, a brief time after Timothy Dukes died of a stab wound to the chest. The defense stipulated the statement was freely and voluntarily given after Shedwick had been advised of her rights. Because there was no other testimony as to the homicide, we refer extensively to appellant's statement.

 The taped recording of the statement was played from

 the witness stand so it could be heard by the jury. Additionally, the jury was given transcripts of it to aid them in understanding the tape. Later this transcript was admitted into evidence.

 Shedwick's statement, which is often rambling and disjointed, reveals the following facts:

 The night of March 14, 1982, Carrie Shedwick and her live-in boyfriend, Timothy Dukes, spent a stormy evening together that was apparently indicative of their three year relationship. Early that night the couple left their home in Friars Point and accompanied some friends and relatives to a cafe called Junior Chase's Place in Coahoma. While there one of Shedwick's former boyfriends made an appearance. This upset Dukes, who was by this time intoxicated. Outside the cafe, Dukes "swung at" Shedwick and put his hands around her neck.

 Shedwick and Dukes then drove to B.B.'s Place, in Friars Point. Shedwick remained in the car while Dukes entered the cafe. She stated, "And then he left out and went down the streets. And I went in there to see what my Auntie wanted." Having remained at B.B.'s approximately ten or fifteen minutes, Shedwick, along with her sister, aunt, and a friend, walked down the street to the Black Cat Inn.

 And Timmy walked out the back of the cafe. I didn't know he was in there. He walked out the back and he slapped me across this side of my face. And I asked him, I said Timmy I said why you slap me. He said cause you think you smart. I said what I did now. I said you always accuse me but you don't never tell me what I did.

 When Shedwick stated she was ready to go home, Dukes "snatched" her off a stool and said "I ain't taking you no damn where." He ...


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