Before Thomas, P.j., Diaz, And Herring, JJ.
The opinion of the court was delivered by: Thomas, P.j., For The Court
CHARLIE MOSS A/K/A CHARLIE MAC MOSS A/K/A CHARLES M. MOSS, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE
TRIAL JUDGE: HON. BILLY JOE LANDRUM
COURT FROM WHICH APPEALED: JONES COUNTY CIRCUIT COURT
DISTRICT ATTORNEY: JEANNENE T. PACIFIC
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: MURDER: SENTENCED TO SERVE A TERM OF LIFE IMPRISONMENT IN THE CUSTODY OF THE MDOC
DISPOSITION AFFIRMED - 7/28/98
¶1. Charles M. Moss appeals his conviction of murder raising the following issues as error:
I. THE COURT ERRED IN ALLOWING THE STATE TO AMEND THE INDICTMENT BY MOTION AS THE CHANGE WAS ONE OF SUBSTANCE AND NOT ONE OF FORM.
II. THE AMENDED MURDER INDICTMENT IS WHOLLY VOID FOR NOT INCLUDING THE NECESSARY LANGUAGE "DID."
III. THE TRIAL COURT ERRONEOUSLY ALLOWED THE ADMISSION AND PREJUDICIAL USE BY THE PROSECUTOR OF EVIDENCE OF OTHER BAD ACTS, MISCONDUCT, AND CRIMES, WHOSE PREJUDICIAL EFFECT OUTWEIGHED ANY PROBATIVE VALUE. FURTHER, THE TRIAL COURT ERRED IN NOT GIVING, SUA SPONTE , A LIMITING INSTRUCTION ON THE MRE 404(B) EVIDENCE.
IV. IT WAS ERROR FOR THE PROSECUTOR IN FINAL SUMMATION TO ARGUE TO THE JURY THAT MANSLAUGHTER WAS NOT AN EXCUSE UNDER MISSISSIPPI LAW.
V. IT WAS PLAIN ERROR FOR THE PROSECUTOR TO EGREGIOUSLY COMMENT ON THE DEFENDANT'S RIGHT NOT TO TESTIFY.
Finding no error, we affirm.
¶2. Charles and Sabrina Moss had been married about one and a half years when Sabrina decided to end the marriage. Sabrina moved out of her mother-in-law's house, where she and Charles had been living, taking their three-month-old daughter with her. On February 24, 1996, Sabrina returned to her mother-in-law's home to get clothing and personal items belonging to her and her daughter. Her father and an officer from the Ellisville Police Department accompanied her. Her father and the officer waited outside while Sabrina went inside. A few minutes later, they heard shots. The officer called for back up, and when help arrived, officers entered the house to find Sabrina dead from a single gun shot wound. Charles Moss had also shot himself in the face, but he survived.
¶3. Christine Moss, Charles Moss's mother, was in the home when the shooting occurred. She testified that she asked Charles to keep the door open to the bedroom where he and Sabrina were talking. Christine stated that she went back to the room another time to open the door because she did not want any trouble. She testified that she was going back to the bedroom another time and saw Charles walking down a hallway toward the bedroom door and realized the Charles had a shotgun in his hand. Christine stated that Charles had closed the door by the time she reached the bedroom, but she struggled and was able ...