Court of Appeals 8/24/10

Lewis v. State.  Mary Lewis was convicted of murder of her boyfriend Arthur Patterson in Hinds County in 2008.  Her main point on appeal was the denial of a manslaughter instruction.  She claimed that Patterson threw a beer bottle at her as well as threatened her.  Lewis introduced a self-defense instruction and attempted to introduce a manslaughter instruction which was denied by the Court.  The Court held that, as the MS Supreme Court found in Brown v. State (discussed here https://tobywelchlaw.wordpress.com/2010/07/27/ms-supreme-court-72210/) a Defendant is entitled to jury instructions that are based on the facts, even if they are wildly inconsistent theories.  The Court reversed and remanded for a new trial.

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