State v. Couvillion7/26/2005
ellate court does not determine whether another possible hypothesis suggested by a defendant could afford an exculpatory explanation of the events. State v. Davis, 92-1623 (La. 5/23/94), 637 So.2d 1012, 1020, cert. denied, 513 U.S. 975, 115 S.Ct. 450, 130 L.Ed.2d 359 (1994). Instead, the reviewing court evaluates the evidence in the light most favorable to the prosecution and determines whether the possible alternative hypothesis is sufficiently reasonable that a rational juror could not have found proof of guilt beyond a reasonable doubt under the Jackson standard. Id.
"All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals." La. R.S. 14:24. Only those persons who "knowingly participate in the planning or execution of a crime" are principals to that crime. State v. Pierre, 93-0893 (La. 2/3/94), 631 So.2d 427, 428. An individual may only be convicted as a principal for those crimes for which he personally has the requisite mental state. Id. The mental state of one defendant may not be imputed to another defendant. Thus, mere presence at the scene of a crime does not make one a principal to the crime. State v. Coleman, 02-0345 (La. App. 5 Cir. 9/18/02), 829 So.2d 468, 471. However, "' t is sufficient encouragement that the accomplice is standing by at the scene of the crime ready to give some aid if needed, although in such a case it is necessary that the principal actually be aware of the accomplice's intention.'" State v. Kirkland, 01-425 (La. App. 5 Cir. 9/25/01), 798 So.2d 263, 269, writ denied, 01-2967 (La. 10/14/02), 827 So.2d 415 (quoting State v. Anderson, 97-1301 (La. 2/6/98), 707 So.2d 1223, 1225). A defendant can be convicted of intentional murder even if he has not personally struck the fatal blows. State v. Wright, 01-0322 (La. 12/4/02), 834 So.2d 974, 982-983 , cert. denied, 540 U.S. 833, 124 S.Ct. 82, 157 L.Ed.2d 62 (2003).
The jury was instructed as to both theories of manslaughter as set forth in La. R.S. 14:31(A). According to La. R.S. 14:31(A), manslaughter is defined as
(1) A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender's blood had actually cooled, or that an average person's blood would have cooled, at the time the offense was committed; or
(2) A homicide committed, without any intent to cause death or great bodily harm.
(a) When the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in Article 30 or 30.1, or of any intentional misdemeanor directly affecting the person; or
(b) When the offender is resisting lawful arrest by means, or in a manner, not inherently dangerous, and the circumstances are such that the killing would not be murder under Article 30 or 30.1.
Defendant concedes, in his brief on appeal, that La. R.S. 14:31(A)(2)(a) applies. It appears the jury was instructed that the intentional misdemeanor applicable to this case was simple battery.
In State v. Brown, 02-1922 (La. 5/20/03), 846 So.2d 715, 716, defendant was indicted for first degree murder and convicted of manslaughter after a bench trial. The defendant admitted to an altercation with the victim, but claimed he left her alive and that
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