Gainwell v. State
| Docket Number: | 2001-KA-01442-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-15-2003 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-07-2002 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: DOMESTIC VIOLENCE AGGRAVATED ASSAULT - 20 YEARS WITH 10 YEARS TO SERVE, 10 YEARS SUSPENDED, AND 5 YEARS' POST-RELEASE SUPERVISION. District Attorney: Alexander C. Martin Case Number: 2001-0094 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jessie A. Gainwell |
JON-MARC KING |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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 |
| Summary of the Facts: | Jessie Gainwell was convicted of domestic violence aggravated assault. He was sentenced to twenty years' imprisonment, with ten years to serve, ten years suspended, and five years' post-release supervision. Gainwell appeals. |
| Summary of Opinion Analysis: | Gainwell argues that had the jury based its verdict on the evidence, the only conclusion it could have reached was not guilty by reason of self-defense. The State put forth sufficient evidence to create a factual question that reasonable and fair minded jurors could have formed differing conclusions about whether Gainwell was acting in self-defense. The doctor testified that both Jessie and Gertrude obtained cuts to the hands indicating defensive wounds and that it is not impossible to cause injury to your own hand if holding the weapon. |
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