Sanderson v. State
| Docket Number: | 2002-KA-01626-COA Linked Case(s): 2002-CT-01626-SCT ; 2002-CT-01626-SCT ; 2002-KA-01626-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-20-2004 Opinion Author: Southwick, P.J. Holding: AFFIRMED AS TO AGGRAVATED ASSAULT AND SENTENCE OF 12 YEARS; REVERSED AND RENDERED ON CONSPIRACY |
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| Additional Case Information: |
Topic: Aggravated assault & Conspiracy to commit aggravated assault - Defective indictment - Name of victim included - Weight of evidence Judge(s) Concurring: McMillin, C.J., King, P.J., Thomas, Irving, Chandler and Griffis, JJ. Concur in Part, Dissent in Part 1: Lee, J. Concur in Part, Dissent in Part Joined By 1: Bridges and Myers, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-02-2002 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: GUILTY OF CONSPIRACY AND AGGRAVATED ASSAULT District Attorney: Alexander C. Martin Case Number: 2002-0012CR-A |
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| Party Name: | Attorney Name: | |||
| Appellant: | William Sanderson |
PATSY ANN BUSH |
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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 & Conspiracy to commit aggravated assault - Defective indictment - Name of victim included - Weight of evidence |
| Summary of the Facts: | William Sanderson was found guilty of aggravated assault and conspiracy to commit aggravated assault. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Defective indictment Sanderson argues that his indictment is flawed because it did not charge that he had caused serious bodily injury or that his actions were likely to produce death or serious bodily injury. The crime of aggravated assault can be committed in more than one manner. The indictment here properly charged one of the means in which to commit the crime. The failure of the indictment to charge other means was appropriate. Sanderson also argues that the conspiracy count was not properly written because no victim of the conspiracy was named in the indictment. Conspiracy requires recognition on the part of the conspirators that they are entering into a common plan and knowingly intend to further its common purpose. One measure of whether a "union of the minds" exists for a conspiracy to commit a crime that was not committed, is to examine the question of whether a description of the crime in the indictment is definite enough for double jeopardy purposes. If not enough can be determined about the crime to prevent the same crime from being charged in a later indictment, then there is not sufficient definiteness. This indictment only charged that on a certain date, Sanderson and his co conspirator conspired to commit an aggravated assault. There is no anchor to that conspiracy that would keep it from then being used in a later indictment. The date is not enough, as more than one conspiracy may logically be entered into on one day. In an assault case, the victim must be identified in some manner as an essential fact describing the crime. The name of the victim that is found in the first count of the indictment cannot be incorporated into the second count since there was no language or attempt to incorporate. Because the conspiracy count of the indictment is fatally defective, Sanderson’s conspiracy conviction and sentence is reversed. Issue 2: Weight of evidence Sanderson argues that the verdict is against the weight of the evidence. The jury heard testimony from the victim and Sanderson relating to the aggravated assault. Allowing the verdict to stand does not create an unconscionable injustice. |
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