Little v. State
| Docket Number: | 2003-KA-00885-COA Linked Case(s): 2003-KA-00885-COA2003-CT-00885-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-11-2004 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder & Aggravated assault - Constructive amendment of indictment - Section 97-3-19(1) - Judicial bias Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Thomas, Myers, Chandler and Griffis, JJ. Concurs in Result Only: Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-19-2003 Appealed from: Noxubee County Circuit Court Judge: Lee J. Howard Disposition: COUNT I, MURDER: SENTENCED TO LIFE; COUNT II, AGGRAVATED ASSAULT: SENTENCED TO TEN YEARS, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, SAID SENTENCES TO RUN CONSECUTIVELY. Case Number: 2002-003 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Christopher L'Amont Little |
WILLIAM B. JACOB
JOSEPH A. KIERONSKI
DANIEL P. SELF |
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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: | Murder & Aggravated assault - Constructive amendment of indictment - Section 97-3-19(1) - Judicial bias |
| Summary of the Facts: | Christopher Little was convicted of murder and aggravated assault. He was sentenced to a term of life in prison for the murder charge and ten years for the aggravated assault, to run consecutively with the life sentence. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Constructive amendment of indictment Little argues that the court erred in granting a jury instruction because by doing so, the State was allowed to improperly amend the indictment. Every murder committed with deliberate design is by definition done in the commission of an act imminently dangerous to others, evincing a depraved heart. Thus the two types of murder integrate so that section 97-3-19(1)(b) subsumes section (1)(a). Therefore, the depraved heart murder instruction did not constructively amend the indictment. Issue 2: Judicial bias Little argues that during the questioning of one of the State's witnesses, the judge stopped the State's questioning and improperly gave the State a new strategy thereby depriving him of his chosen defense. However, the judge was prohibiting the parties from introducing hearsay into evidence, and there was no bias toward the prosecution in so ruling. |
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