Shorter v. State
| Docket Number: | 2002-KA-00561-COA Linked Case(s): 2002-KA-00561-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-29-2004 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Directed verdict - Self-defense instruction Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, 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: 03-28-2002 Appealed from: Warren County Circuit Court Judge: Isadore Patrick Disposition: AGGRAVATED ASSAULT - SENTENCED TO EIGHT YEARS WITH THREE YEARS TO SERVE AND FIVE YEARS SUSPENDED Case Number: 0010014-CR-P |
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| Party Name: | Attorney Name: | |||
| Appellant: | Greg Mark Shorter |
W. RICHARD JOHNSON
JOHNNIE MCDANIELS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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: | Aggravated assault - Directed verdict - Self-defense instruction |
| Summary of the Facts: | Greg Shorter was convicted of aggravated assault. He was sentenced to eight years, with five years suspended. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Directed verdict Shorter argues that the court erred by overruling his motion for a directed verdict, because the testimony offered by the State’s witnesses was contradictory and insufficient to sustain a charge of aggravated assault. Although Shorter points to conflicts in the testimony, it is the role of the jury to evaluate the veracity of witnesses. In addition, an examination of the record does not reveal a material contradiction between the two witnesses’ testimonies. Issue 2: Self-defense instruction Shorter argues that the jury was never instructed that he did not have to prove that he acted in self-defense and that this failure to instruct rendered one of the instructions confusing. Not only did he fail to object on this ground at trial, but the jury was properly instructed as to the State’s burden to disprove Shorter’s claim of self-defense. The instructions clearly set forth the elements of the crime and informed the jury that the burden of proof was on the State to prove that Shorter did not act in self-defense. |
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