Vaughn v. State
| Docket Number: | 2002-KA-00374-COA Linked Case(s): 2002-KA-00374-COA ; 2002-CT-00374-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-13-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Simple assault instruction - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ. Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-08-2002 Appealed from: Rankin County Circuit Court Judge: Samac Richardson Disposition: GUILTY OF AGGRAVATED ASSAULT. SENTENCED TO 12 YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: Rick Mitchell Case Number: 13611 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kevin D. Vaughn |
DAN W. DUGGAN |
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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 - Simple assault instruction - Sufficiency of evidence |
| Summary of the Facts: | Kevin Vaughn was convicted of aggravated assault and sentenced to twelve years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Simple assault instruction Vaughn argues that he was entitled to have his proposed jury instruction on simple assault submitted to the jury. While a defendant is entitled to have jury instructions given which present his theory of the case, the court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without evidentiary foundation. The evidence showed that Vaughn showed up unexpectedly and attacked the victim after she rejected him. This evidence would not support a simple assault instruction. Issue 2: Sufficiency of evidence Vaughn challenges the sufficiency of the evidence. Four different witnesses corroborated the State’s evidence, and Vaughn was the only witness to relate a different story. As such, it was very possible for a reasonable juror to find Vaughn guilty. |
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