Before Sullivan, P.j., Mills And Waller, JJ.
The opinion of the court was delivered by: Mills, Justice
DATE OF JUDGMENT: 01/23/97
TRIAL JUDGE: HON. JOHN B. TONEY
COURT FROM WHICH APPEALED: RANKIN COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
DISPOSITION AFFIRMED - 11/12/98
¶1. Anthony Melton was convicted of murder by a Rankin County jury and sentenced to life imprisonment in the custody of the Mississippi Department of Corrections. Aggrieved, Melton brings this appeal, assigning as error the following:
I. WHETHER THE TRIAL COURT ERRED IN ALLOWING THE IDENTIFICATION OF A CAR BY TONYA BROWN AND ADMISSION OF PICTURES OF THE AUTOMOBILE OVER MELTON'S OBJECTION.
II. WHETHER THE TRIAL COURT ERRED IN ALLOWING RONNIE PENNINGTON TO TESTIFY AS TO THE STATEMENTS OF JULIE CARPENTER OVER MELTON'S OBJECTION.
III. WHETHER THE TRIAL COURT ERRED IN OVERRULING MELTON'S MOTION IN LIMINE REGARDING DEBBIE GLENN'S TESTIMONY.
IV. WHETHER THE JURY VERDICT WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.
¶2. Chris and Julie Carpenter had been married for eight years in 1996 and had three children. They were experiencing marital problems and Julie had been away from home in the weeks preceding Chris Carpenter's murder. They lived in Rankin County, Mississippi, within 150 yards of Anthony Melton's trailer. Anthony Melton borrowed a .25 caliber automatic gun from Chester Glenn during the first week of February 1996, ostensibly to shoot a dog which had been harassing children in the neighborhood. There were three rounds in the gun when Glenn loaned it to Melton.
¶3. Chris Carpenter was murdered February 8, 1996. He was shot three times with Glenn's .25 caliber automatic gun. He was also strangled with a nylon rope which was recovered with the body. There were two shots to his head and one shot to his back. His blood, a belt loop similar to one missing from his jeans, and his watch were found around 50 feet behind Melton's trailer.
¶4. Cheryl Twilley, a neighbor who lived a "stone's throw" away, heard two shots around 10:00 a.m. or 11:00 a.m. on the morning of the murder followed by a third shot a few minutes later. She testified the ...