Windham v. State

Otis Lee Windham (defendant) and Albert Calvert got into an argument about a debt Windham owed to Calvert outside Calvert’s grocery store. Windham was 21 years old, and Calvert was 79 years old and had only one arm. When Calvert’s 78-year-old wife, Betty, came upon the argument, Windham was gripping Calvert’s arm. Betty struck Windham in the face when Windham refused to let go of Calvert’s arm. Windham then reached into his car, grabbed a hammer, and hit Betty on the head with it, knocking her unconscious. When Betty regained consciousness, she saw her husband slump to the ground in front of her. Calvert died soon after from severe head injuries that an autopsy found were consistent with a blow from a blunt object. Windham was charged with murder but claimed at trial that he had only thrown Calvert to the ground, not hit him with the hammer. Windham was found guilty and appealed. The Mississippi Supreme Court reversed the conviction and remanded the case for a new trial. At the second trial, Windham was again charged with murder. The judge gave instructions to the jury on various theories of culpability, including simple murder, depraved-heart murder, inexcusable manslaughter, and excusable manslaughter. Windham was convicted of murder and sentenced to life imprisonment. Windham appealed and alleged among other claims that the judge should not have given the depraved-heart murder instruction to the jury because doing so substantially diminished the jury’s consideration of the manslaughter option.