Before Prather, C.j., McRAE And Waller, JJ.
The opinion of the court was delivered by: Waller, Justice
DATE OF JUDGMENT: 07/25/97
TRIAL JUDGE: HON. R. I. PRICHARD, III
COURT FROM WHICH APPEALED: PEARL RIVER COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
DISPOSITION: REVERSED AND REMANDED - 2/25/99
MOTION FOR REHEARING FILED:
¶1. This appeal arose from a conviction in the Circuit Court of Pearl River County. Thomas Ferrell was charged with the murder, on November 19, 1996, of Jonathan Scott Watkins. Ferrell was indicted for murder on January 29, 1997. He was tried in Pearl River County Circuit Court and convicted of manslaughter in July, 1997. Circuit Court Judge R. I. Prichard, III, sentenced Ferrell to a term of twenty years, fifteen years to be served and the last five years suspended. Ferrell moved for a JNOV/New trial which was denied. Ferrell timely appealed listing the following seven issues:
I. WHETHER JURY INSTRUCTION 7 WAS CONTRARY TO THE LAW AND PEREMPTORILY INSTRUCTED THE JURY THAT A PERSON MAY BE GUILTY OF MANSLAUGHTER OR JUSTIFIABLE HOMICIDE
II. WHETHER THE COURT ERRED IN GRANTING JURY INSTRUCTION 18 ON THE GROUNDS THAT THE SAME WAS IMPROPER UPON THE FACTS OF THIS CASE AND IS AN IMPROPER STATEMENT OF THE LAW
III. WHETHER JURY INSTRUCTION 5 WAS CONTRARY TO THE LAW AND PROVIDED THE JURY WITH AN ERRONEOUS DEFINITION OF IN THE "HEAT OF PASSION"
IV. WHETHER THE COURT ERRED IN GRANTING JURY INSTRUCTION 8 ON THE GROUNDS THAT THE SAME WAS IMPROPER UPON THE POSITIVE TESTIMONY OF THE STATE'S OWN WITNESSES THAT THE DEFENDANT HAD BECOME A TRESPASSER AFTER BEING ASKED TO ...