## Facts

- Harold Morelock and Sue Compton Davidson were drinking and traveling together by car while engaged in an illicit relationship.
- They argued about their relationship, and police stopped the car after Morelock tossed a beer can from the window.
- During or immediately after the stop, Morelock shot Davidson four times inside the car, killing her, and then shot himself.
- After the shooting in the car, Morelock exited and engaged in an armed confrontation with Highway Patrolmen J.J. Light and David Buck.
- Morelock was indicted for first-degree murder of Davidson and for assault with intent to commit first-degree murder against the two patrolmen; the indictments were tried together without defense objection.
- The jury convicted Morelock of first-degree murder (50 years) and assault with intent to commit voluntary manslaughter (1–5 years), with sentences to run concurrently.

## Issues

1. Whether the evidence preponderated against the jury’s verdicts, including whether proof supported first-degree murder rather than a lesser homicide.
2. What deference an appellate court must give to a guilty verdict approved by the trial judge when reviewing sufficiency and weight of the evidence.

## Decision

- The Court of Criminal Appeals of Tennessee affirmed both convictions and sentences.
- The court held that a guilty verdict approved by the trial judge accredits the State’s witnesses and resolves evidentiary conflicts in the State’s favor on appeal.
- The court concluded the evidence did not preponderate against the verdicts and was sufficient to support findings of malice and premeditation for first-degree murder.
- The court further held the proof supported the assault conviction based on Morelock’s shooting at the patrolmen during the confrontation.
- The court found no prejudicial trial error warranting reversal.

## Legal Principles

- A jury’s guilty verdict, when approved by the trial judge, accredits the State’s testimony, resolves conflicts in the State’s favor, and removes the presumption of innocence on appeal.
- On appeal from such a verdict, the defendant bears the burden to show the evidence preponderates against the verdict and in favor of innocence; credibility choices and reweighing of proof are for the jury.
- Multiple close-range shots and surrounding circumstances may permit an inference of malice, deliberation, and premeditation sufficient for first-degree murder.
- Pointing and firing a pistol at officers during an armed confrontation can constitute a felonious assault supporting assault with intent to commit voluntary manslaughter, depending on the jury’s finding of intent.

## Conclusion

The appellate court upheld Morelock’s murder and assault convictions, applying Tennessee’s deferential review rule that a guilty verdict approved by the trial judge accredits the State’s proof and places on the defendant the burden to show the evidence preponderates against guilt.


Morelock v. State, 460 S.W.2d 861 (Tenn. Crim. App. 1970)