Hunter v. State
| Docket Number: | 2003-KA-00035-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-20-2004 Opinion Author: Bridges, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary - Indictment - Suppression of statement - Jury instruction - Weight of evidence Judge(s) Concurring: King, C.J., Southwick, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-12-2002 Appealed from: Newton County Circuit Court Judge: Vernon Cotten Disposition: CONVICTED OF BURGLARY OF A SCHOOL: SENTENCED TO SERVE A TERM OF SEVEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND PAY RESTITUTION OF $651.44. THREE YEARS SUSPENDED, LEAVING FOUR YEARS TO SERVE. THE DEFENDANT IS PLACED ON PROBATION FOR A PERIOD OF THREE YEARS. District Attorney: Mark Sheldon Duncan Case Number: 02-CR-031-NW-C |
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| Party Name: | Attorney Name: | |||
| Appellant: | Christopher Q. Hunter |
EDMUND J. PHILLIPS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Burglary - Indictment - Suppression of statement - Jury instruction - Weight of evidence |
| Summary of the Facts: | Christopher Hunter was convicted of burglary and sentenced to seven years, with three years suspended. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Indictment The indictment of Hunter listed the high school as property of Mrs. Bobbie McElroy, Mrs. Mattie Boler, Dr. L. B. Atkins, Mr. Rex Germany and Mr. Wayne Welch, and their successors, as county board members. However, this body of people were known collectively as the Board of Alderman of the Town of Union, not the county board like the indictment suggested. Hunter argues that the municipal school board members should have been listed in the indictment. A change in the indictment is permissible if it does not materially alter facts which are the essence of the offense or materially alter a defense to the indictment as it originally stood so as to prejudice the defendant's case. Because the indictment in this case was never amended by the prosecution, the indictment upon which Hunter was convicted was never complete and accurate. However, the error is harmless since the defense was able to prepare their defense based on the indictment as issued. Issue 2: Suppression of statement Hunter argues that the statement he gave the police was inaccurate. The applicable standard for determining whether a confession is voluntary is whether, taking into consideration the totality of the circumstances, the statement is the product of the accused's free and rational choice. Hunter offered no credible evidence that the statement he signed was inaccurate and related to more than one burglary. Issue 3: Jury instruction Hunter’s argument that the court erred in granting a jury instruction is procedurally barred by his failure to object contemporaneously during trial. Issue 4: Weight of evidence Hunter argues that the prosecution failed to prove his intent to steal as required in a conviction of burglary. The evidence presented to the jury included the statement that he did enter the school illegally and assist others in entering the school. It also included the testimony of Amos who was with Hunter inside the school. Amos's testimony and the statement placing Hunter inside the school are sufficient evidence presented to the jury for it to reasonably find Hunter guilty. |
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