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Davis v. State

March 24, 1998

DAVIS V. STATE


Before Thomas, P.j., King, And Payne, JJ.

The opinion of the court was delivered by: King, J.

DARNELL DAVIS A/K/A DARNELLE DAVIS A/K/A DARNELLE DAVIS, JR., APPELLANT v. STATE OF MISSISSIPPI, APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 03/08/96

TRIAL JUDGE: HON. ISADORE W. PATRICK JR.

COURT FROM WHICH APPEALED: WARREN COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: MURDER: SENTENCED TO SERVE A TERM OF LIFE IMPRISONMENT WITH THE MDOC

DISPOSITION AFFIRMED - 3/24/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Darnell Davis was convicted of murder in the Warren County Circuit Court in violation of Miss. Code Ann. § 97-3-19 (Rev.1994) and sentenced to life imprisonment in the custody of the Mississippi Department of Corrections. On appeal, Davis argues three points of error:

(1) The evidence is not sufficient for a conviction.

(2) The trial court erred in allowing the State to amend and modify a transcription of the video taped statement of the defendant and offer this amended and modified statement into evidence.

(3) The trial court erred in not granting a Weathersby ruling to the defendant.

Finding no error, we affirm the circuit court's judgment.

FACTS

On the morning of April 2, 1995 in an apartment he shared with his brother in Vicksburg, Mississippi, Darnell Davis shot his girlfriend, Laura Brown. Although Darnell was the only other person present in the bedroom when Laura was shot, two other witnesses, Tommy Wright and Earnest Jordan, were in the apartment complex at the time of the shooting.

Tommy Wright, Davis' landlord, testified that while eating dinner with his wife, he heard some tussling and rumbling and what was later learned to be two gunshots. Feeling that the sounds came from directly above his apartment, which was Davis's apartment, he went upstairs to determine if there were any problems. Mr. Wright knocked on Davis' door. Davis responded by asking, "Who is it?". Mr. Wright answered, "Tommy," and Davis then told him, "Just a minute." Mr. Wright testified that he waited approximately fifteen minutes and then heard more gunshots. He knocked again. This time, Davis opened the door and told him to call the police because he had just killed his ...


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