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Savannah v. State9/17/2002
rt the jury's verdict.
. Savannah next contends in this point of error that the trial court erred when it denied his motion for new trial. Motions for new trial challenge the weight of the evidence and should only be granted where the verdict is "so contrary to the overwhelming weight of the evidence that to allow it to stand would be to sanction an unconscionable injustice." Brown, 763 So. 2d at 192 ( ). The trial court in its discretion may grant or deny motions for new trial and this Court will reverse only where the trial court abused its discretion. Id. The evidence is viewed in the light most favorable to the State. Id. The jury determines the credibility of the witnesses and what weight to give to the evidence presented. Id. The jury clearly chose to believe the testimony of the witnesses for the State. When viewed in the light most favorable to the State, the jury's verdict was clearly not against the overwhelming weight of the evidence. The trial court did not abuse its discretion in denying Savannah's motion for new trial. This issue is without merit.
CONCLUSION
. The trial court did not abuse its discretion in refusing to allow the victim's blood alcohol content into evidence. The trial court did not abuse its discretion in allowing evidence of Savannah's "other crime" to be admitted into evidence to show that the shooting was not an accident. There was sufficient evidence presented by the State to find Savannah guilty of the crime charged. The verdict returned against Savannah was not against the overwhelming weight of the evidence. The trial court did not err in denying Savannah's motion for judgment notwithstanding the verdict or, alternatively, new trial.
. THE JUDGMENT OF THE CIRCUIT COURT OF HINDS COUNTY OF CONVICTION OF MANSLAUGHTER AND SENTENCE OF TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO HINDS COUNTY.
KING, P.J., BRIDGES, LEE, IRVING, CHANDLER AND BRANTLEY, JJ., CONCUR.
MCMILLIN, C.J., CONCURS WITH SEPARATE WRITTEN OPINION JOINED BY SOUTHWICK, P.J. AND THOMAS, J.
McMILLIN, C.J., CONCURRING:
. I concur in the result reached by the majority. However, as to the admissibility of evidence of the victim's blood alcohol content at the time of the incident, I respectfully differ with the majority's reasoning. The majority holds that self defense was not an issue because the distance of approximately eight feet separating Savannah from his victim removed self defense as an "arguable defense." While this distance of separation might affect the issue of the reasonableness of Savannah's fear of imminent injury , I do not think it necessarily rendered self defense considerations irrelevant as a matter of law. In fact, the record indicates that self defense was a central theme in the trial and the issue was submitted to the jury for consideration. It must be remembered that a defendant is entitled to have the jury instructed to consider a potential defense even when there is only the slightest evidence in the record to support it. Hester v. State, 602 So.2d 869, 872 (Miss.1992).
. In the situation before us, I think the victim's possible intoxication could have relevance if the proper predicate is laid (a) that the defendant was aware, at the time of the incident, of the victim's alcoholically-impaired state and (b) that, either through prior knowledge or contemporaneous observation, the defendant had a reasonable basis to believe that the ingestion of alcohol had increased the victim's propensity to use violent force against him.
. Thus, in my view, it is not the fact that self defense h
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