An Oktibbeha County woman who was convicted of murder will have a new trial based on a technicality of court procedures.
Verina Childs was convicted of murder in August 2011 for shooting and killing her husband Douglas Childs while on a hunting trip.
On Feb. 5, Oktibbeha County Circuit Court Judge Lee Howard granted the motion based on the Mississippi Court of appeals ruling in other cases where a jury instruction did not provide the location of where the incident took place.
In Childs' case, the jury instruction did not indicate if the murder happened in Oktibbeha County.
According to the court documents, a jury instruction was submitted by the defense counsel, which listed Oktibbeha County as the proper location, but the jury instruction was withdrawn by counsel because it was a "direct evidence" instruction and it had already been determined this was a "circumstantial evidence" case.
Therefore, no jury instruction was submitted listing Oktibbeha County as the place where the offense occurred. Howard will set a new bond for Childs prior to her new trial.
The District Attorney's office will appeal to the Mississippi Supreme Court to overturn the court's decision.
Attorney Matthew Kitchens, of Crystal Springs, will represent Childs moving forward.