The opinion of the court was delivered by: King, J.
DATE OF JUDGMENT: 01/19/96 TRIAL JUDGE: HON. L. BRELAND HILBURN JR. COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: CONVICTED OF AGGRAVATED ASSAULT AND MURDER AND SENTENCED TO SERVE TWENTY YEARS AND LIFE, RESPECTIVELY, IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
DISPOSITION: AFFIRMED - 2/23/99
¶1. Jerry Lee Mack was convicted of aggravated assault and murder for which he was sentenced to serve terms of twenty (20) years and life imprisonment, respectively, in the custody of the Mississippi Department of Corrections. Aggrieved by his convictions and sentences, Mack has appealed and assigned two errors:
I. THE VERDICT OF THE JURY WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.
II. THE LOWER COURT ERRED IN REFUSING TO GRANT A LESSER-INCLUDED OFFENSE INSTRUCTION OF MANSLAUGHTER.
¶2. Finding no error, this Court affirms the circuit court judgment. FACTS
¶3. On the morning of November 19, 1994, Lorraine Mack (Mrs. Mack) was at the 467 Club in Edwards, Mississippi with LaTamara Jones ( Jones). Jerry Mack (Mack), her ex-husband, stood outside the club and requested that his cousin walk inside and ask Mrs. Mack to meet him. When Mrs. Mack refused, Mack walked into the club and struck her in the face. She became angry and stated that she would get someone to deal with him. Shortly thereafter, Mrs. Mack left the club with Jones.
¶4. The two ladies went to the apartment of Ronnie Robinson (Robinson) and Alberta Jones, LaTamara's mother, to retrieve Mrs. Mack's purse. After Mrs. Mack entered the apartment, Robinson noticed that she had an injury and suggested that she seek medical attention. According to Mrs. Mack, she checked the extent of her injury in the bathroom mirror and then decided to go to the hospital. As she prepared to depart for the hospital, she saw Jessie Washington (Washington), a friend of Robinson's, drive into the apartment complex parking lot. At approximately the same time, she saw Mack drive into and out of the parking lot.
¶5. After Mrs. Mack's departure for the hospital, Robinson and Washington decided to go to a nightclub at the outskirts of Bolton, Mississippi. According to Robinson, as Washington drove in the right lane of Frontage Road, Mack suddenly approached the back of their car in a brown, early model Cadillac and drove into the left lane. He then pointed a shotgun out of the passenger side window.
¶6. Washington let the driver's side window down and the parties exchanged words. Mack then opened fire, shooting into the driver's side door several times. Washington was shot in the left side of the head.
¶7. The car remained in gear and rolled down the road 30 or 40 feet. It came to a stop in a ditch. As Robinson reached over to open the ...