State v. Harris

COBB, Judge.

The state appeals the action of the trial court in overturning the jury verdict of premeditated first degree murder and adjudicating the defendant below, Vivian Harris, guilty of second degree murder. The state contends the trial judge improperly reweighed the evidence. We agree.

There was testimony adduced at trial that, after some type of altercation between Harris and her son, Michael, in the family home, he left and went to a neighbor’s home for approximately ten minutes. During his absence, Harris procured a .38 pistol she kept hidden in the home and went outside. As Michael,…