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Towner v. State

December 30, 1998

PHIL GLEN TOWNER APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Thomas, P.j., Coleman, And Hinkebein, JJ.

The opinion of the court was delivered by: Hinkebein, J., For The Court:

DATE OF JUDGMENT: 08/01/97

TRIAL JUDGE: HON. JOHN H. WHITFIELD

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT

DISTRICT ATTORNEY: CONO CARANNA

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: MANSLAUGHTER: SENTENCED TO SERVE 20 YEARS WITH 5 YEARS SUSPENDED, LEAVING 15 YEARS IN THE CUSTODY OF THE MDOC

¶1. Phil Glen Towner, though fifteen years old at the time of his offense, was tried as an adult and convicted in the Harrison County Circuit Court of manslaughter. Towner was sentenced to twenty years with five years suspended in the custody of the Mississippi Department of Corrections. Aggrieved by his conviction, Towner appeals to this Court on the following grounds:

I. THE COURT ERRED IN FAILING TO SUSTAIN THE MOTION FOR DIRECTED

VERDICT AT THE CLOSE OF THE STATE'S CASE IN CHIEF AND AT THE

CONCLUSION OF THE TRIAL.

II. THE COURT ERRED IN REFUSING DEFENSE INSTRUCTION D-7, IN FAILING TO DEFINE CULPABLE NEGLIGENCE FOR THE JURY, AND IN GIVING INSTRUCTIONS S-3 AND S-8 AS SUBMITTED BY THE STATE.

Holding these assignments of error to be without merit, we affirm the judgment ...


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