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Thornton v. State2/18/2003
Mickell, 735 So. 2d at 1033 ( ) (citing Duckworth v. State, 477 So. 2d 935, 938 (Miss. 1985)).
. We do not find that the trial judge abused his discretion by giving the additional instruction on intoxication. It is obvious that the initial jury instruction did not make it clear to the jury as to the relevance of voluntary intoxication on the charges being considered. Here, it was appropriate for the judge to give the additional instruction on voluntary intoxication to guide the jury in making an informed and careful decision on Thornton's guilt. Also, we see no harm emanating from the trial judge's rereading the murder and manslaughter instructions in conjunction with the additional instruction on intoxication. It is a recognized presumption that the jury follows the instructions of the trial court. McCollum v. State, 785 So. 2d 279, 283-84 ( ) (Miss. 2001) (citing Johnson v. State, 475 So. 2d 1136, 1142 (Miss. 1985)). We see no reason to conclude that the jury did otherwise in this case.
. THE JUDGMENT OF THE CIRCUIT COURT OF HARRISON COUNTY OF CONVICTION OF MANSLAUGHTER AND SENTENCE OF TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO HARRISON COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE, MYERS, CHANDLER AND GRIFFIS, JJ., CONCUR.
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