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Bland v. State5/16/2000
an instant, Boyd v. State, 839 P.2d 1363, 1367 (Okl.Cr.1992), cert. denied, 509 U.S. 908, 113 S.Ct. 3005, 125 L.Ed.2d 697 (1993) or it may be formed instantaneously as the killing is being committed. Allen v. State, 821 P.2d 371, 374 (Okl.Cr.1991). Malice aforethought may be proved by circumstantial evidence. Cavazos v. State, 779 P.2d 987, 989 (Okl.Cr.1989).
The evidence in this case showed that Appellant had told Connie Lord, on several different occasions, that he was going to kill the victim. The evidence also showed Appellant was unhappy with the victim in that he felt he was left to do work that both he and the victim were to do together and that he felt he was not adequately compensated for that work. The victim was shot once, in the back of the head. Appellant was seen the day following the murder in possession of the victim's pickup, the victim's billfold (according to Connie Lord), at least $200.00 in cash, and $125.00 worth of crank. Appellant had only $20.00 in his possession one day previously. Money the victim had received in Appellant's presence three days before the murder was never found. And finally, Appellant told Connie Lord he had killed the victim, not that he had accidentally shot him.
Appellant contends that because portions of Connie Lord's testimony were discredited, because witnesses testified that she was not trustworthy, and because she was rewarded for her cooperation with the authorities in arresting and prosecuting Appellant, her testimony could not support the conviction. The record reflects that portions of Lord's testimony were discredited and two (2) defense witnesses testified she was not particularly truthful. However, it was never shown that she was rewarded for her cooperation with the authorities. In fact, as a result of telling the police about Appellant's confession, Lord was detained on an outstanding warrant and jailed on forgery and drug possession charges.
"The credibility of witnesses and the weight and consideration to be given to their testimony are within the exclusive province of the trier of facts and the trier of facts may believe the evidence of a single witness on a question and disbelieve several others testifying to the contrary." McDonald v. State, 674 P.2d 1154, 1155 (Okl.Cr.1984) citing Smith v. State, 594 P.2d 784 (Okl.Cr.1979) quoting from Caudill v. State, 532 P.2d 63 (Okl.Cr.1975). Although there may be conflict in the testimony, if there is competent evidence to support the jury's finding, this Court will not disturb the verdict on appeal. Enoch v. State, 495 P.2d 411, 412 (Okl.Cr.1972). Here, the jury heard both Connie Lord's testimony and the attempts by the defense to discredit her. The jury apparently gave greater weight to her testimony than the defense attempts at impeachment. Sufficient evidence was presented to prove that Appellant acted with malice aforethought when he killed the victim. After reviewing the evidence in the light most favorable to the State, we find a rational trier of fact could have found the existence of the essential elements of first degree malice aforethought murder beyond a reasonable doubt. This proposition of error is denied.
B.
In his fifth proposition of error, Appellant contends the trial court erred in finding that defense witness Dr. Sally Church, Ph.D. in Educational Psychology, could not testify concerning the effect Appellant's chemical dependency had on his ability to form the intent to kill. Prior to trial, Appellant filed a Supplemental Discovery notice which included expected testimony from Dr. Church in both stages of trial. Dr. Church's anticipated first stage testimony addressed Appellant's chemical dependency, how that chemical depend
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