L.M. BIRGE, APPELLANT,
STATE OF MISSISSIPPI, APPELLEE
OF JUDGMENT: 05/07/2015.
COUNTY CIRCUIT COURT, HON. CHARLES E. WEBSTER, TRIAL JUDGE
JUDICIAL DISTRICT ATTORNEYS FOR APPELLANT: OFFICE OF STATE
PUBLIC DEFENDER BY: GEORGE T. HOLMES
BENJAMIN ALLEN SUBER ATTORNEYS FOR APPELLEE: OFFICE OF THE
ATTORNEY GENERAL BY: SCOTT STUART, JASON L. DAVIS
DISTRICT ATTORNEY: BRENDA FAY MITCHELL.
GRIFFIS, P.J., FAIR AND WILSON, JJ.
L.M. Birge was indicted on the charge of first-degree murder
in the death of Callie Ware. Birge was ultimately convicted
of manslaughter and sentenced to fifteen years in the custody
of the Mississippi Department of Corrections, with ten years
to serve and five suspended. On appeal, Birge argues an
insufficiency of the evidence since the State of Mississippi
failed to prove that he did not act in necessary
self-defense. We find no error and affirm.
AND PROCEDURAL HISTORY
On August 27, 2013, Callie and her sister, Tikea, were at
Callie's residence. Birge's daughter, Rose, came by
to talk to Callie. A fight broke out between Callie and Rose
inside the residence. The fight eventually moved to the
street. Although the versions of events differ, it is
undisputed that Birge shot Callie in the chest with a
shotgun, and Callie died from her injuries.
Birge was indicted on the charge of first-degree murder. At
trial, Birge testified in his own defense. Birge testified
that when he learned of the fight, he went to Callie's
residence to check on his daughter. When Birge arrived at
Callie's residence, a girl came out with a
As a result, Birge left and went to his house to get a gun.
When Birge returned to Callie's residence, he was unable
to find anyone in or near the residence. He went around to
the back of the residence and noticed that the fight between
Callie and Rose had moved to the street. Birge stated he saw
Callie pulling his daughter's hair and yelled for them to
stop. Birge further stated he heard someone say, "She
gonna beat her . . . . Nobody going to stop it." Birge
then testified as follows:
And I got my gun, I went on out in the street. I struck
[Callie], trying to break up the fight. I struck [Callie]
across the back with the gun, tried to break up the fight.
[Callie's mother, Santonia, ] ran up behind me and caught
me and we started tussling because she seen I had hit her
daughter with the gun. She tried to take it from me. She
tried to take it. We started tussling with the gun and the
Santonia testified that she and her husband, Oliver, went to
Callie's residence when they learned of the fight. When
they arrived, Santonia got out of the car and saw a fight in
the street. Santonia stated that although there were quite a
few people around, the ...