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Thornton v. State2/18/2003
DATE OF TRIAL COURT JUDGMENT: 7/20/2001
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: MANSLAUGHTER: SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MDOC
DISPOSITION: AFFIRMED-02/18/2003
. Harvey Clifton Thornton (Thornton) was convicted by a jury, sitting for the Circuit Court of Harrison County, for the manslaughter of his brother, Shelton Gerald Thornton. The trial judge sentenced him to serve a term of twenty years in the custody of the Mississippi Department of Corrections. Thornton has appealed, asserting the following issues: (1) whether the admission of the tape of Addie Thornton's statement to law enforcement was error, and (2) whether the court erred by rereading the Sharplin instruction to the jury, highlighting the elements of the instruction, and granting the State's additional instruction.
. This Court finds no error in the admission into evidence of the statement given by Thornton's mother, but even if it were, it was harmless error beyond doubt. Further, this Court finds no error in the lower court's giving of the second instruction on voluntary intoxication or its rereading of the Sharplin instruction under the circumstances of this case. We therefore affirm the judgment of the trial court.
FACTS
. On March 11, 2000, Thornton, along with his other siblings, Shelton and Daniel, accompanied his elderly mother, Addie Thornton, from the hospital to her home after their father had suffered a stroke. Earlier in the day, Thornton and Mrs. Thornton went to the hospital to see Thornton's father. Thornton had been drinking rum that morning and brought rum with him in a quart jug to the hospital. That afternoon, the two left the hospital, stopped at a grocery store, and bought chicken and beer. Thornton also bought a gallon of rum and a large bottle of wine for his mother and his brothers, Shelton and Daniel.
. After Thornton and his mother arrived back at the Thornton home, Thornton was still drinking rum. Thornton had also been taking different medications throughout the day. Thornton and Shelton had smoked marijuana. Mrs. Thornton and Daniel had some wine.
. After cutting grass outside the Thornton home, Shelton came into the house. He sat on a couch next to Daniel who was watching television. Thornton later came inside and asked Shelton why Shelton had had sexual intercourse with Thornton's wife. Shelton responded that he had sexual intercourse with her before, during and after she and Thornton were married. This was stated in somewhat of a laughing manner.
. Thornton immediately proceeded to the laundry room to retrieve his gun, which was already loaded. When Thornton appeared with the gun, his mother got up and grabbed it. According to her recorded statement, she was able to wrestle it away from him on two occasions. However, Thornton got the gun a third time. His mother grabbed it again and knocked it up. Thornton snatched the gun out of her hand, told Shelton that Thornton was going to kill his a-s, and fired the fatal shot. Daniel attempted to stop Shelton's bleeding, and Thornton called 911. The Long Beach police arrested Thornton at the scene.
. Thornton was indicted for murder by a grand jury for his brother's death. Following two days of trial, the jury found Thornton guilty of manslaughter, and he was sentenced to serve twenty years in the custody of the Mississippi Department of Corrections. Thornton's post-trial motions were denied, and this appeal ensued.
ANALYSIS AND DISCUSSION OF THE ISSUES
1. The Admission of the Addie Thornton's Tape-recorded Statement
. The appellate c
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