Before Bridges, C.j., Hinkebein, And Payne, JJ.
The opinion of the court was delivered by: Bridges, C.j., For The Court:
Boyd v. State, 96-KA-00837-COA
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
DATE OF JUDGMENT: 07/23/96
TRIAL JUDGE: HON. MARCUS D. GORDON
COURT FROM WHICH APPEALED: SCOTT COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: MURDER: SENTENCED TO SERVE LIFE IMPRISONMENT IN THE MDOC
MOTION FOR REHEARING FILED:
Robbie Boyd was convicted in the Circuit Court of Scott County on July 23, 1996, of murder and was sentenced to life imprisonment in the custody of the Mississippi Department of Corrections. Boyd now appeals the following issues: 1) that the indictment failed to inform her whether she was accused of deliberate design murder or depraved heart murder, 2) that the court erred in admitting a statement as a dying declaration, and 3) that the verdict was against the overwhelming weight of the evidence. Finding no merit to the issues raised by Boyd, we affirm the jury's verdict.
Robbie Boyd and Paul Hornback had lived together in a sexual and business relationship. Boyd helped Hornback collect rent from his mobile homes properties, and performed other business and personal services for him. Their relationship ended when Boyd began seeing John Gilmer, who also rented a mobile home from Hornback. Boyd and Gilmer moved in together and moved elsewhere after several altercations occurred between the three. However, Boyd continued to occasionally visit Hornback and perform chores for him. Hornback continued to call Boyd, and on January 1, 1996, Boyd and Gilmer went to see Hornback at his home, pursuant to his request. At some point, an argument ensued, and Hornback was struck with a cinder block and pistol on the head. Boyd and Gilmer left the premises, and Hornback managed to get to a neighbor's house where the police were ...