LINCOLN BERRY v. STATE OF MISSISSIPPI12/17/1992
Charles L. Culpepper, pro se, Jackson, and Derek E. Parker, Yazoo City, for appellant.
Michael C. Moore, Attorney General, and Deirdre McCrory, Special Assistant Attorney General, for appellee.
BEFORE HAWKINS, P.J., PITTMAN AND ROBERTS, JJ.
PITTMAN, JUSTICE, FOR THE COURT:
On April 25, 1989, a Yazoo County Grand Jury indicted Lincoln Berry for the March 3, 1989, murder of Kelly Berry. Defense counsel was appointed for Berry. Berry filed a Motion in Limine to exclude any statements made by decedent Kelly Berry prior to his death. The motion was denied. After trial held January 4, 1990, the jury found Berry guilty of murder. Honorable Taylor Sledge sentenced Berry to life imprisonment. Aggrieved by the jury verdict, Berry has filed this timely appeal assigning as error:
I. THE LOWER COURT ERRED BY ADMITTING HEARSAY STATEMENTS ALLEGEDLY MADE BY KELLY BERRY PRIOR TO HIS DEATH.
II. THE LOWER COURT ERRED BY ALLOWING IMPROPER REMARKS TO BE MADE IN CLOSING ARGUMENT BY THE STATE THUS PREJUDICING THE JURY.
III. THE VERDICT OF THE JURY WAS AGAINST THE
OVERWHELMING WEIGHT OF THE EVIDENCE.
After considering the above issues, we affirm the judgment below.
I.
Lincoln" Nan "Berry, a resident of Bentonia, Mississippi, was romantically involved with Ruthie Mae Bright at one time, but the relationship ended. On March 3, 1989, Kelly Berry, of no relation to Lincoln Berry, transported Bright, his cousin, to her home, a trailer, in Bentonia after patronizing a" beer joint. "About 45 minutes later, while Bright and Kelly Berry were still inside Bright's home, Lincoln Berry arrived at the home" looking for that goddamn Kelly. "According to Bright, Lincoln Berry hit her and argued with Kelly Berry, threatening to" get rid "of her and Kelly Berry. Lincoln Berry then left the home. About ten or fifteen minutes later, Lincoln Berry returned to Bright's home. According to Bright, Lincoln Berry" sneaked back up. "Bright testified that Lincoln Berry shot Kelly Berry as Kelly Berry was leaving the trailer. Bright stated that Lincoln Berry then" left and run off. "Bright's neighbor, Fannie Ingram, testified that Bright smelled of alcohol and appeared intoxicated on the night of the shooting.
Bright's neighbors, Herman and Fannie Ingram, heard disturbances at Bright's home on the night of March 3. Fannie Ingram gave testimony that she saw Lincoln Berry arrive at Bright's trailer and that she heard two men arguing. According to Fannie Ingram, Lincoln Berry told Kelly Berry," We'll finish this later, "as he drove away in his car. Fannie Ingram heard a car arriving in Bright's driveway about ten minutes later. Fannie Ingram recognized the car as the same one that Lincoln Berry had been driving. Fannie Ingram heard a shot and told Herman Ingram," Herman, I believe Nan done shot Kelly. "Fannie Ingram saw Lincoln Berry's car leaving the driveway. When Fannie Ingram went to Bright's trailer to check on the situation, Bright told Fannie Ingram that Lincoln Berry had shot Kelly Berry.
Bright called James Berry, son of Kelly Berry, and the Yazoo County Sheriff's Department around 11:30 p.m. James Berry arrived at Bright's trailer first. James Berry put his father in his car and drove to the University Hospital in Jackson, Mississippi. James Berry testified at trial that his father regained consciousness on the way to the hospital and told James
Berry that" Nan "had shot him.
Yazoo County Deputy Sheriff David Smith arrived at Bright's home after James Berry had left with Kelly Berry. Deputy Smith found blood behind the trailer and foun
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