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Wade v. State10/21/1999
ON WRIT OF CERTIORARI
DATE OF 02/04/97 JUDGMENT:
TRIAL JUDGE: HON. LAMAR PICKARD
COURT FROM CLAIBORNE COUNTY CIRCUIT COURT WHICH APPEALED:
NATURE OF CRIMINAL - FELONY THE CASE:
DISPOSITION: AFFIRMED AND REMANDED FOR RE-SENTENCING- 10/21/1999
EN BANC.
. This case comes to this Court on writ of certiorari granted on the petition of Deanna Wade and the State of Mississippi, both being aggrieved by the decision of the Court of Appeals. Wade v. State, 724 So. 2d 1007 (Miss. Ct. App. 1998).
. Wade's petition argues that the Court of Appeals erred in finding that she was guilty of manslaughter and in remanding for re-sentencing for the lesser crime of manslaughter. Wade also argues that in fact, she acted in self defense, and should have been found not guilty and acquitted of the charge of murder.
. The State argues that the Court of Appeals erred in rejecting the conviction for murder because there was sufficient evidence to support the jury verdict. The State contends that the Court of Appeals erred and substituted its judgment for the jury in reversing the murder conviction and remanding for re-sentencing for manslaughter only.
. After a review of this record and careful consideration of the issues, we find that the Court of Appeals decision is correct. We therefore affirm the Court of Appeals and remand to the circuit court under our "direct remand rule" for re-sentencing for manslaughter in accordance with this opinion. Shields v. State, 722 So. 2d 584 (Miss. 1998).
FACTS
. Deanna Wade and Ralph Simpson owned and operated a night club in Claiborne County. They were also partners in a tumultuous and often violent personal relationship. Wade testified to the numerous and vicious beatings she suffered at Simpson's hands which typically took place when he was intoxicated. In the early morning of October 6, 1996, Wade and two waitresses were outside the bar when they heard gunfire. A witness testified that Simpson had fired a .45 automatic pistol into the club's wall just to get Wade's attention. There was also testimony that Simpson had been drinking whiskey all night. Wade entered the club, and an argument ensued. Testimony showed that Simpson first beat Wade's head against a table top with enough force to knock a sign off the wall. Simpson then freed Wade and their argument continued. Witnesses testified that Simpson next pulled Wade by the hair and beat her head against the edge of a pool table.
. Wade testified that she wanted to call her mother to come get her but the phone in the bar had been knocked from the wall. She then went to the nearby house she shared with Simpson and returned with a .38 caliber revolver. She testified that Simpson left the area behind the bar and came toward her. Two witnesses testified that Wade said something to the effect of "you ain't gonna hit on me no more." Wade testified that she fired once and that Simpson fell. He died shortly thereafter. A jury found Wade guilty of murder, and she was sentenced to life in prison.
. The Court of Appeals held that the factual circumstances evidenced a lack of malice on Wade's part and reversed the conviction with a seven-vote majority. The Court of Appeals found:
While Wade was undoubtably mad, it is also clear that her ill will was engendered by the earlier unlawful acts of Simpson and what appeared to be a renewed attack. This clearly was a killing in the heat of passion and arguably a case of imperfect self-defense and as such, manslaughter was the appropriate verdict. 724 So. 2d at 1011.
The Court of Appeals furt
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