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Miller v. State

The defendant poured a bottle full of gasoline on the victim and set him on fire.

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Henrietta Miller was tried and convicted of aggravated battery for setting a person on fire. On appeal she contends that the evidence was insufficient to support the verdict and that the trial court did not react properly to one juror’s response to a polling of the jury. 1. Evidence was presented to show that on the afternoon of October 27, 2001, Miller told Elmira Parrott, the victim’s sister, that she was going to take a bottle of gas and pour it on Issac Mitchell wherever she could find him. Miller also showed Parrott a soda bottle filled with gas that she had in her car. Miller then drove off and later appeared at the home of Jimmy Gresham, Issac’s cousin, where several people were visiting, including Issac.

Issac had arrived earlier and was inside the house. Miller arrived, blew her horn, and parked in front of the home. Miller then asked another person to ask Issac to come outside. Issac initially refused but then went out to meet with Miller. Issac’s aunt, who was looking out of her window at the time, saw Issac approach Miller and then saw Miller pouring the contents of a bottle over Issac’s head. She also saw Miller “going in her pocket,” immediately after which Issac went up in flames. Miller made no attempt to aid Issac as others hurried to put out the flames. On the way to the hospital, a paramedic heard Issac say, “Why did she do it” Issac was severely burned and spent five months in the hospital.

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