Ethan M. Smith v. State of Mississippi

LEE, C.J.,

for the Court:

PROCEDURAL HISTORY

¶ 1. A jury in the Harrison County Circuit Court found Ethan M. Smith guilty of murder. The trial court sentenced Smith to life in the custody of the Mississippi Department of Corrections. Smith filed post-trial motions, which were denied by the trial court. Smith now appeals and asserts that (1) the trial court erred in refusing jury instructions D-1A and D-3, (2) the evidence was insufficient to support the verdict, and (3) the verdict is against the overwhelming weight of the evidence.

FACTS

¶ 2. On or about March 28, 2011, Smith, Eric Midkiff,…