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Campbell v. State10/28/2003
etective Layne Bounds, testified as to the area of Jones County in which the accident took place. Detective Bounds in particular testified as to the description of First Avenue including the width of the street, the shoulders of the street and lane markings.
. It is undisputed that proof of venue is indispensable to a criminal trial and it may be proved by direct or circumstantial evidence. Smith v. State, 646 So. 2d 538, 541 (Miss. 1994). "The local jurisdiction of all offenses, unless otherwise provided by law, shall be in the county where committed." Id. (citing Jones v. State,606 So. 2d 1051, 1055 (Miss. 1992)).
. In this case, several witnesses testified during the State's case-in-chief that the crime took place in Laurel, Jones County, Mississippi. It is not open to dispute that Laurel is located in the Second Judicial District of Jones County. We find that sufficient evidence was presented during the State's case-in-chief to establish the requisite venue.
. Campbell alleges in his next issue that reasonable fair-minded jurors could not have found him guilty of negligently killing another while under the influence of intoxicating liquor. Campbell argues that what happened on the night in question was an unavoidable accident and that his driving intoxicated was not a contributing factor to the accident. In other words, Campbell challenges the sufficiency of the evidence offered in support of his conviction.
. Campbell undergirds his argument that what happened was an unavoidable accident due to the fact that the victim and his companions wore dark clothing and were walking in the street with their backs to oncoming traffic. Furthermore, Campbell explains that the area of First Avenue where the accident occurred contains a series of hills, that the street narrows at certain points, and that the street was unmarked and without sidewalks. Campbell implies that the physical layout of the street - coupled with the fact that the victims were wearing dark clothing, walking with their backs to traffic, and walking in the street in the path of traffic - made the accident not only unavoidable but inevitable. Campbell emphasizes a defense witness's testimony that she did not observe Campbell speeding on the night of the accident and that he was driving straight in the center of his lane. Thus, Campbell maintains that there was no evidence that put his car off the side of the road.
. In Mississippi, there is no requirement that the negligence which caused the death of another be caused by the alcohol. Joiner v. State, 835 So. 2d 42, 44 ( ) (Miss. 2003); Miss Code Ann. § 63-11-30(5) (Supp. 2003). The pertinent part of Mississippi Code Annotated section 63-11-30(5) states that " very person who operates any motor vehicle in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another shall . . . be guilty of a felony." Miss. Code Ann. § 63-11-30(5) (Supp. 2003). Therefore, the State had the burden of proving that Campbell was not only driving under the influence of intoxicating liquor at the time of the accident, but that he performed a negligent act that caused the death of Bonner. Hedrick v. State, 637 So. 2d 834, 837-38 (Miss. 1994). The State was not required to prove that the intoxicating liquor caused or contributed to the accident, only that Campbell, while under the influence of intoxicating liquor, committed a negligent act that caused the death of Bonner.
. We apply a familiar standard of review to the resolution of this issue:
The evidence is viewed in the light most favorable to the State, which also receives the benefit of any favorable inferenc
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