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State v. Harris2/20/1998
indicated that the weapon was relatively close to the victim, but he also stated that a ballistics expert would be the best person to testify as to how close the weapon was when it was shot.
Jim Churchman, a forensic scientist at the Louisiana State Police Crime Lab who was accepted by the court as a forensics expert with particular expertise in the field of ballistics dealing with gunpowder residue and the calculation of the distance from a shooter to the target, testified that he had much experience dealing with the Colt .357 revolver, the weapon used in this offense. He testified he had a history of performing firing tests of the Colt .357 revolver to determine the distance from the shooter to the victim. Mr. Churchman testified that, from the amount of soot and stippling when a weapon is discharged, he could determine how far away the weapon was from the target. Mr. Churchman testified that, based on the photographs of the victim and the concentrated soot residue around the entrance wound, the gun was approximately four to eight inches away from the victim when fred. He also testified that the powder particles would diminish at distances of greater than a foot. Mr. Churchman stated that he did not actually test-fire the weapon involved in the offense.
On cross-examination, Mr. Churchman testified that the coroner would be in a better position to testify regarding the stippling because he examined the victim's body. Mr. Churchman testified that stippling alone could occur from as far away as two feet. Mr. Churchman again testified that he had not tested the weapon involved in this case. The defense counsel also asked Mr. Churchman if the victim's blood alcohol level of .20 was twice the legal limit of intoxication, to which Mr. Churchman responded affirmatively.
The defense presented its case, beginning with the stipulation that a witness from the crime lab would have testified that the victim's blood alcohol level was .20. Tully Vincent, a Baton Rouge police officer, testified that when he arrived at the scene of the offense, the defendant was in Sergeant Lomax's police vehicle. To the question, "Was there any doubt in your mind that Mr. Harris was intoxicated?", Officer Vincent replied, "None at all." According to Officer Vincent, when he turned the defendant over to another detective , he told the detective that the defendant was drunk. Officer Vincent testified that the defendant was excited and obviously upset about what had happened.
ASSIGNMENTS OF ERROR NUMBERS 8 AND 9
SUFFICIENCY OF EVIDENCE
In assignment of error number 8, the defendant contends the court erred in denying his motion for new trial, and in assignment of error number 9, the defendant contends the court erred in denying his motion for post-verdict judgment on a lesser responsive offense under LSA-C.Cr.P. art. 821. Both of these assignments of error relate to the alleged insufficiency of the evidence to support this conviction. The defendant does not deny that he shot the victim, nor does he argue that he shot him in self-defense. Instead, the defendant contends that the evidence showed that he was intoxicated at the time of the offense and could not have possibly formed the specific intent necessary for second degree murder or manslaughter, or, alternatively, that the evidence supported a conviction of manslaughter because the offense was committed in the heat of passion.
The standard of review for the sufficiency of the evidence to uphold a conviction is whether, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could conclude the state proved the essential elements of the crime beyond a reasonable doubt. See
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