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IN THE COURT OF APPEALS 09/17/96 OF THE STATE OF MISSISSIPPI
NO. 93-KA-01271 COA SARAH P. DALIL APPELLANT v. STATE OF MISSISSIPPI APPELLEE

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

TRIAL JUDGE: HON. HOWARD Q. DAVIS, JR. COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: ALSEE MCDANIEL ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS, JR. DISTRICT ATTORNEY: FRANK CARLTON NATURE OF THE CASE: CRIMINAL: MURDER TRIAL COURT DISPOSITION: GUILTY VERDICT; SENTENCED TO LIFE IMPRISONMENT

BEFORE THOMAS, P.J., COLEMAN, AND SOUTHWICK, JJ. SOUTHWICK, J., FOR THE COURT:

Sarah Dalil was convicted of murder and sentenced to serve life in prison. She appeals her conviction, challenging the weight and sufficiency of the evidence and contending that the trial court erred in refusing an instruction concerning "excusable homicide." We affirm. FACTS Dalil and a friend were patrons in a bar in 1991, when the victim in this case became involved in an argument with them. Dalil left the bar, leaving the victim and the friend embroiled in a fist-fight. When Dalil returned, she pulled a gun and, aiming at the victim, pulled the trigger. The bullet from Dalil's gun struck the victim in his head. He ultimately died after Dalil had fled the scene. DISCUSSION 1. Weight & Sufficiency of the Evidence Our standard for reviewing challenges to convictions based on sufficiency of the evidence is well established. As to each element of the offense, we consider all of the evidence in the light most favorable to the verdict. We reverse when, with respect to an element of the offense charged, the evidence is such that reasonable and fair-minded jurors could only find the accused not guilty. McClain v. State, 625 So. 2d 774, 778 (Miss. 1993). As to whether the verdict is contrary to the overwhelming weight of the evidence, a similar standard is employed. We view the evidence in the light most favorable to the verdict. The trial court is given discretion to order a new trial in the face of overwhelming evidence contrary to the jury's verdict to prevent an unconscionable injustice. McClain, 625 So. 2d at 781 (citation omitted). As to the charge of murder in this case, the prosecution had the burden of proving three elements beyond a reasonable doubt: (1) venue; (2) a killing of a human being; and (3) a "deliberate design" to kill. Miss. Code Ann.

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