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Schuck v. State12/4/2003
buse its discretion in denying the motion for mistrial and allowing redirect examination on the matters." Webster , 817 So.2d at 521; De La Beckwith v. State , 707 So.2d 547, 591 (Miss. 1997) (citations omitted).
. Schuck has not shown an abuse of discretion by the trial court in allowing this testimony. All matters questioned on re-direct examination were matters brought out on defense's cross-examination of the witness. Therefore, this is without merit.
ISSUE IV.
.
Schuck asserts that the evidence in this case supports a conviction of heat of passion manslaughter, rather than murder, and therefore the trial court erred in denying his motion for a directed verdict and his motion for a new trial. He denounces the verdict by challenging both the weight and sufficiency of the evidence against him. The standard of review set by this Court for sufficiency of the evidence is:
Our concern here is whether the evidence in the record is sufficient to sustain a finding adverse to [the defendant] on each element of the offense of murder. In the present context we must, with respect to each element of the offense, consider all of the evidence--not just the evidence which supports the case for the prosecution--in the light most favorable to the verdict. The credible evidence which is consistent with the guilt must be accepted as true. The prosecution must be given the benefit of all favorable inferences that may reasonably be drawn from the evidence. Matters regarding the weight and credibility to be accorded the evidence are to be resolved by the jury. We may reverse only where, with respect to one or more of the elements of the offense charged, the evidence so considered is such that reasonable and fair- minded jurors could only find the accused not guilty.
Drake v. State , 800 So. 2d 508, 516 (Miss. 2001) (citing Collier v. State , 711 So. 2d 458, 461 (Miss. 1998) (quoting Wetz v. State , 503 So. 2d 803, 808 (Miss. 1987) (citations omitted)).
. Likewise, in determining whether a jury verdict is against the overwhelming weight of the evidence, this Court uses the following standard:
In determining whether a jury verdict is against the overwhelming weight of the evidence, this Court must accept as true the evidence which supports the verdict and will reverse only when convinced that the circuit court has abused its discretion in failing to grant a new trial. Only in those cases where the verdict is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice will this Court disturb it on appeal.
Drake , 800 So. 2d at 517 (quoting Pleasant v. State, 701 So.2d 799, 802 (Miss. 1997) (citations omitted)). A less stringent rule would denigrate the constitutional power and responsibility of the jury in our criminal justice system. Hughes v. State , 724 So. 2d 893, 896 (Miss. 1998).
. Schuck contends that the facts show that his and Beasley's friendship disintegrated into a violent confrontation on the day of the shooting. Schuck refers to the State's witness David Cooper who testified that about two months before the killing "Chucky hit Freddie and knocked him down", and that Freddie (Schuck) was hollering "leave me alone." Cooper also testified that Beasley hit Schuck with an object of some type and knocked Schuck to the floor. He further testified that Schuck had bad hips and needed both of them replaced and had difficulty getting up from a sitting position.
. Schuck argues that the "evidence in this case supports a conviction of heat of passion manslaughter, rather than murder ..." Ordinari
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