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Powell v. State

Evidence of extramarital affairs does not constitute evidence of prior difficulties.

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Defendant Mark W. Powell was convicted of the malice murder of his wife, Bridgett Powell.1 He appeals, asserting, inter alia, the trial court erred in excluding evidence demonstrating that his wife previously engaged in extramarital affairs. Finding no error, we affirm. Defendant and his wife attended a Halloween party with friends. Defendant, who was obviously intoxicated, tried to pick a fight with several partygoers. Later that night, defendant’s neighbors called 911 to report that a man was beating a woman outside. When police arrived they found the victim’s body. She was unconscious and badly beaten about the head and face to the point that she was unrecognizable. Blood covered her face and head. Searching the premises, police found defendant sitting on a swing in the backyard. He was dressed only in his undergarments, which were bloody, as were his hands, legs and feet. He had a strong odor of alcohol about his person. The victim’s blood was found in the couple’s car and throughout their home, including the bedroom and back porch. The victim never regained consciousness and died as a result of her injuries.

1. The evidence was sufficient to enable any rational trier of fact to find defendant guilty beyond a reasonable doubt of malice murder. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

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