SEARCH

McCain v. State

There was sufficient evidence corroborating the accomplice's testimony and connecting defendant to the charged crimes.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Cleve McCain was convicted of malice murder, possession of a firearm during the commission of a felony and possession of a firearm by a first offender probationer in connection with the shooting death of Whitt Bobby Timms.1 The trial court denied appellant’s motion for new trial, and he appeals on sufficiency of the evidence grounds. For the reasons that follow, we affirm.

The evidence presented at trial authorized the jury to find that in 2006 and 2007, the victim and a friend, Ken Waters, were frequent visitors to the home appellant shared with his wife, April McCain, and his cousin, Stephanie Brown, whom the victim was dating. By the spring of 2007, appellant suspected Waters was involved in an intimate relationship with April and he openly opposed Brown’s relationship with the victim, who had accumulated several thousand dollars in unauthorized charges on Brown’s credit cards. After assuring Brown he would keep an eye on the victim as long as she continued to see him, appellant borrowed a .38 pistol from his uncle, Kenneth Folsom. Appellant’s relationship with the victim and Waters continued to deteriorate, with appellant making multiple threats and gestures towards both men, including an angry threat to cut off the victim’s head if he did not stop calling Brown, several overt references to appellant’s ability to kill the men, and an altercation that occurred days before the crimes in which appellant, who was a first offender probationer, became enraged and beat the victim after he learned someone told his mother-in-law about the gun in his possession.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Southeastern Legal Awards 2025

May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...

Apply Now ›

Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...

Apply Now ›

ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...

Apply Now ›