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Dubose v. State6/2/2005
of the deceased have been established." However, this Court stated that photographs of bodies may be admitted into evidence if they have probative value, are not too gruesome and are not used in an overly prejudicial or inflammatory way in a criminal case. Id. In Davis, this Court recognized that the defendant killed the victim and as such there was no need to establish the identity of the killer or victim. Id. The Court did find that the photographs had probative value and were properly admitted into evidence. Id.
Randolph, 852 So.2d at 566.
. Here, the trial court admitted the photograph after an on-the-record discussion with counsel. The photograph depicted the bullet wound Harris received in the back of his head. Patrolman Patrick testified that the photograph was taken by him at the scene of the crime. The officer testified that the photograph depicted a close-up of Harris's head and represented his body as Patrolman Patrick found the victim lying on the ground at the scene. In addition, the photograph was probative of Harris's means of death. The pathologist, Dr. McGarry, testified and used the photograph to explain to the jury the trajectory of the bullet and how Harris died of the bullet wound. Also, as the State argued at trial, the fact that Harris was shot in the back of his head has relevance to Dubose's claim that she acted in self-defense. Clearly, the photograph had probative value and was not unfairly prejudicial. The photograph showed the position and location of the body at the time of death and assisted the jury in understanding the cause of death. Accordingly, this issue is without merit.
CONCLUSION
. We affirm the judgment of the Circuit Court of Jackson County, Mississippi.
. CONVICTION OF MANSLAUGHTER AND SENTENCE OF TWENTY (20) YEARS, WITH CONDITIONS, IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH THIRTEEN (13) YEARS TO SERVE, SEVEN (7) YEARS SUSPENDED AND FIVE (5) YEARS ON POST RELEASE SUPERVISION, AFFIRMED.
SMITH, C.J., WALLER AND COBB, P.JJ., CARLSON, GRAVES, DICKINSON AND RANDOLPH, JJ., CONCUR.
DIAZ, J., NOT PARTICIPATING.
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