Page v. State
2011 Miss. LEXIS 333
| Miss. | 2011Background
- Officer responded to 911 call; Spillman shot, window shattered, Spillman in driver's seat, CSP witnessed by Cassandra who identifies Spillman’s sister’s husband as shooter; Page identified as shooter by Cassandra; Page arrested on Deason Ave with handgun found; Forensic photos show front passenger door open and house behind car; Ballistics link bullet to Page’s gun; Page testified about history with Spillman; Other witnesses contradict some accounts; Jury instructed on self-defense and manslaughter; Page convicted of murder and sentenced to life.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for murder | Page argues insufficient evidence | State argues sufficient evidence | Evidence supports murder conviction |
| Weight of the evidence | Weight favored Page for self-defense/manslaughter | Weight supports murder conviction | Not against the overwhelming weight; no new trial required |
| Self-defense vs. manslaughter standard | Self-defense or lesser-included manslaughter warranted | State proved lack of necessary self-defense | Jury properly instructed; substantial evidence supports murder, not justifiable self-defense or manslaughter |
| Weathersby rule preservation | Issue not preserved in trial/motion | Weathersby rule applicable if preserved | Procedurally barred from raising Weathersby issue |
Key Cases Cited
- Bush v. State, 895 So.2d 836 (Miss. 2005) (sufficiency standard for appellate review of evidence)
- Jones v. State, 39 So.3d 860 (Miss. 2010) (self-defense weight; jury question)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review standard)
- Weathersby v. State, 165 Miss. 207, 147 So. 481 (Miss. 1933) (Weathersby rule for eyewitness credibility)
- Collins v. State, 594 So.2d 29 (Miss. 1992) (preservation of issues raised on appeal)