Brown v. State
| Docket Number: | 2002-KA-00967-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-27-2004 Opinion Author: Lee, J. |
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| Additional Case Information: |
Topic: Aggravated assault - Sufficiency of evidence - Prior bad acts - M.R.E. 404(b) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, 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: 11-02-2000 Appealed from: Humphreys County Circuit Court Judge: Jannie M. Lewis Disposition: APPELLANT CONVICTED OF AGGRAVATED ASSAULT AND SENTENCE OF TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH TWO YEARS SUSPENDED AND ORDERED TO PAY $17,000 IN RESTITUTION. District Attorney: James H. Powell, III Case Number: 5284 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Carl Gene Brown |
WESLEY THOMAS EVANS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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 - Sufficiency of evidence - Prior bad acts - M.R.E. 404(b) |
| Summary of the Facts: | Carl Brown was convicted of aggravated assault and was sentenced to ten years with two years suspended. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Brown argues that the prosecution failed to prove that he committed aggravated assault, because no witness testified to seeing Brown with a bat or another object, the victim himself testified that Brown did not strike him, and no motive for the attack was established. To aid and abet in the commission of a felony, one must do something that will incite, encourage, or assist the actual perpetrator in the commission of the crime. Here, Brown qualified as an accessory before the fact. The victim testified that as he was outside of his mother-in-law's home working on his car, Brown and some other men drove up and cornered him. When one of the men carrying a baseball bat went towards the victim's brother-in-law, Brown redirected him towards the victim. Issue 2: Prior bad acts Brown argues that the court erred in admitting evidence of his prior bad acts, specifically an altercation between himself and the victim. This evidence was permitted to show motive for the later attack, which is an exception under M.R.E. 404(b) to the admission of evidence of other crimes, wrongs, or acts. |
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