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IN THE COURT OF APPEALS 04/23/96 OF THE STATE OF MISSISSIPPI
NO. 94-CA-00212 COA RONNIE C. COLLINS APPELLANT v. APRIL COLLINS; LACORA COLLINS; RONNIE TYRONE COLLINS; VAKERRI COOKS; AND SHALETTA COOKS, BY AND THROUGH THEIR GUARDIAN AND NEXT FRIEND, EDNA B. RUPERT APPELLEES

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. GEORGE D. WARNER, JR. COURT FROM WHICH APPEALED: CLARKE COUNTY CHANCERY COURT ATTORNEY FOR APPELLANT: PETER K. SMITH ATTORNEYS FOR APPELLEES: MELVIN S. GRANBERRY; SORIE S. TARAWALLY NATURE OF THE CASE: CIVIL: INSURANCE PROCEEDS TRIAL COURT DISPOSITION: APPELLANT DENIED LIFE INSURANCE PROCEEDS OF DECEDENT

BEFORE BRIDGES, P.J., COLEMAN, AND DIAZ, JJ.

BRIDGES, P.J., FOR THE COURT: Ronnie C. Collins pled guilty to the manslaughter of his ex-wife, Annie Mae Collins. He was the named beneficiary of her life insurance proceeds. His conviction was found to render him ineligible to receive the proceeds of the policy. Collins now appeals maintaining that he should take under the policy because he shot his ex-wife accidentally instead of intentionally. We disagree, and affirm the decision of the lower court.

STATEMENT OF THE FACTS On December 29, 1991, Ronnie C. Collins (Collins) called his ex-wife, Annie Mae Collins (Annie). His former stepdaughter, Vakerri Cooks (Vakerri), answered his call and informed Collins that her mother was in the bathroom. Within a few minutes, Collins drove over to his ex-wife's home in Quitman, Mississippi and pulled into her yard. Annie heard Collins drive up and yelled at Vakerri to call the police. Vakerri attempted to call the police, but Collins kicked open the door of the house and entered before she could make the call. Collins was carrying a "makeshift shotgun." Vakerri grabbed her sister, and they ran into their mother's bathroom. Collins followed the children into the bathroom and proceeded to look for Annie in her bedroom. He saw Annie standing by the window in her bedroom. The window was open, and the curtains were allegedly torn. Collins apparently believed that Annie's lover had just leapt through the window "pants in hand." Collins maintains that Annie then "rushed" at him and "seconds later the firearm he carried discharged and Annie fell face down." Collins' left thumb was dismembered by the discharge. Collins then told Vakerri to call the police and left. Vakerri saw that her mother was not breathing and ran next door to call the police. Twelve hours later, Collins turned himself into the police department. He told the police that he had thrown the murder weapon into a pond on the DeSotaVossburge Road. The Lauderdale County Emergency Department found the gun. Dr. Steven Haye conducted the autopsy on Annie. He found that Annie had been shot at close range from a distance of "some 3 to 15 inches." He also found powder residue on Annie's hands, specifically on her thumb and palms. No pellet wounds were found on her hands. Collins pled guilty to manslaughter and received the maximum sentence. While in prison, Collins learned that Annie had a $90,000 life insurance policy in which he was the named beneficiary. He refused to release the money to Annie's children because he "knew [he] didn't do the crime intentionally, and [he] was trying to prove [his] innocence and get out and take care of [his] own kids." Edna Rupert, Annie's mother and the appointed guardian of Annie's children, filed a complaint in the Clarke County Chancery Court to have the heirs of Annie's estate declared, alleging that Collins willfully caused Annie's death and could not lawfully receive the insurance proceeds. That court found that Collins wilfully and intentionally killed Annie and denied Collins any benefits from the proceeds. Aggrieved, Collins now appeals to this Court arguing that the lower court manifestly erred in finding that Collins intentionally killed Annie. Finding no error, we affirm the decision of the lower

court. I. WHETHER THE LOWER COURT ERRED IN FINDING THAT ANNIE COLLINS' DEATH WAS INTENTIONAL AND AS SUCH, RENDERED COLLINS UNABLE TO BENEFIT FROM HER LIFE INSURANCE PROCEEDS.

Mississippi law provides: If any person wilfully cause or procure the death of another in any way, he shall not inherit the property, real or personal, of such other; but the same shall descend as if the person so causing or procuring the death had predeceased the person whose death he perpetrated.

Miss. Code Ann.

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