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Kempson v. State

Jury was authorized by the evidence to find that murder victim's 21-week fetus had reached the stage of quickening.

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Appellant Larry Kempson appeals his convictions for murder, feticide and kidnaping,1 claiming the trial court erred by admitting certain evidence and in denying a motion for directed verdict. Having reviewed the record, we conclude appellant’s arguments are without merit, and we affirm. Construed most favorably to the verdicts, the evidence shows that appellant went to the home of his ex-wife and confronted her two grown daughters, Barkley and McDay, with a handgun. When Barkley attempted to telephone police, appellant stopped her from making the call. McDay’s two-year-old daughter, Canaya, was also present. When the child began to cry, appellant shot her in the mouth, injuring her. Appellant then shot McDay, who was twenty-one weeks pregnant, in the head. Both McDay and the fetus died as a result. Appellant then forced Barkley into a waiting car and drove away. Barkley later escaped and ran to a nearby home for assistance.

The next morning, appellant told his father that he appellant had shot someone. Appellant’s father then drove him to a nearby nursing home, where he spoke with an acquaintance, Freeman. At trial, appellant asserted an alibi defense, claiming he was with Freeman at the time of the shootings.

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