Page v. State
| Docket Number: | 2001-KA-01815-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-15-2003 Opinion Author: McMillin, C.J. |
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| Additional Case Information: |
Topic: Aggravated assault - Sufficiency of evidence Judge(s) Concurring: King and Southwick, P.JJ., 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: 10-24-2001 Appealed from: Oktibbeha County Circuit Court Judge: John M. Montgomery Disposition: CONVICTED OF THE CRIME OF AGGRAVATED ASSAULT. SENTENCED TO LIFE AS AN HABITUAL OFFENDER IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. Case Number: 2001-0085-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tommy Page a/k/a Tommy Lee Page |
PEARSON LIDDELL |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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: | Tommie Page was convicted of aggravated assault and was sentenced to life imprisonment without the possibility of parole as a habitual offender. He appeals. |
| Summary of Opinion Analysis: | Page argues that the State failed to prove beyond a reasonable doubt that he committed an aggravated assault, because the victim’s version of events is unworthy of belief since there was no evidence that Page was intent on either robbing or sexually assaulting her. The jury determines issues of witness credibility. The lack of an explanation for Page’s actions does not, of itself, fatally undercut the credibility of the victim as a prosecution witness. The victim testified that she was attacked by Page, who was wielding a knife, and that she received lacerations while attempting to defend herself from his attack. The victim was not effectively impeached during cross-examination, nor did the defense present evidence that would tend to make her version of events so improbable as to be unworthy of belief. |
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