Stringer v. State
| Docket Number: | 2002-KA-01892-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-06-2004 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Attempted aggravated assault on officer - Opinion testimony - M.R.E. 701 - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, 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: 11-26-2002 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: ATTEMPTED AGGRAVATED ASSAULT - 20 YEARS, 15 YEARS TO SERVE IN FULL AND 5 YEARS SUSPENDED District Attorney: C. Grant Hedgepeth Case Number: 2002-5-KR2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Thurmon Stringer |
ANTHONY J. BUCKLEY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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: | Attempted aggravated assault on officer - Opinion testimony - M.R.E. 701 - Sufficiency of evidence |
| Summary of the Facts: | Thurmon Stringer was convicted of attempted aggravated assault on a police officer. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Exclusion of testimony Stringer argues that a portion of an officer's testimony should have been excluded, because he improperly testified as to what Stringer's intent was when he fired his weapon. Pursuant to M.R.E. 701, statements of opinion which are rationally based on the perception of the witness and are helpful to the clear understanding of the testimony or the determination of a fact in issue are admissible. The statements that the officer made at trial were rationally based on what he had observed. Issue 2: Sufficiency of evidence Stringer argues that there was insufficient evidence to convict him of attempted aggravated assault, because he did not shoot at the officer but shot at the house wall. Three officers present at the scene stated that Stringer pointed the gun at them and refused demands to drop it. There was also testimony from an investigator who concluded that the bullets fired from Stringer's gun were shot in the officer's direction. This was sufficient evidence. |
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