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Thompson v. State

The defendant's admission that he shot the victim and his claim of self-defense removed the case from the rule regarding convictions based entirely on circumstantial evidence.

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Marvin Thompson was convicted of malice murder in the shooting death of Leigh Franklin Mason.1 On appeal, Thompson challenges an evidentiary ruling of the trial court and asserts that the court improperly omitted a portion of the jury instruction on circumstantial evidence. Finding no reversible error, we affirm. Thompson admittedly shot and killed Mason, but claimed that he did so in self-defense after Mason approached him “face to face” and accused Thompson of stealing his money.2 An eyewitness testified that Thompson responded verbally to the accusation and then drew a revolver from his pocket and shot Mason once in the head. Although the eyewitness observed a knife in Mason’s back pocket, Mason did not display the knife nor did he threaten Thompson with it. Thompson testified that although he saw Mason reach toward his back, he was not in a position to see Mason’s back pocket; he never saw a weapon in Mason’s possession; and he did not know that Mason was carrying a knife that night. Thompson also admitted that he could have retreated from the altercation. The responding officer observed a knife on the ground “somewhat underneath” the victim.

Thompson fled from the scene and concealed the gun. When he was arrested and taken into custody, he gave the investigating officers several conflicting statements. He ultimately admitted that he shot Mason and he led the officers to the weapon.

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