Brown v. State
| Docket Number: | 2001-KA-01601-COA Linked Case(s): 2001-CT-01601-SCT ; 2001-CT-01601-SCT ; 2001-KA-01601-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-07-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Simple assault on a police officer & Resisting arrest - Sufficiency of evidence - Variance in indictment - Section 97-3-7(1) - Jury instructions Judge(s) Concurring: McMillin, C.J., and King , P.J., Bridges, Thomas, Lee, Irving, and Chandler, JJ. Non Participating Judge(s): Griffis, J. Concurs in Result Only: Southwick, P.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-23-2001 Appealed from: Union County Circuit Court Judge: R. Kenneth Coleman Disposition: COUNT I -RESISTING ARREST AND SENTENCE OF SIX MONTHS IN THE CUSTODY OF THE UNION COUNTY SHERIFF AND A FINE OF $500; COUNT II - FELONY SIMPLE ASSAULT OF A LAW ENFORCEMENT OFFICER AND SENTENCE OF FIVE YEARS IN THE CUSTODY OF MDOC AS A HABITUAL OFFENDER, AND A FINE OF $5,000. THESE SENTENCES SHALL BE SERVED CONSECUTIVELY. District Attorney: James M. Hood, III Case Number: UK-2000-140 |
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| Party Name: | Attorney Name: | |||
| Appellant: | L.G. Brown |
DAVID FORD |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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: | Simple assault on a police officer & Resisting arrest - Sufficiency of evidence - Variance in indictment - Section 97-3-7(1) - Jury instructions |
| Summary of the Facts: | L.G. Brown was convicted of one count of simple assault on a law enforcement officer and one count of resisting arrest. Brown appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Brown argues that the State failed to present sufficient evidence that he resisted arrest or assaulted a law enforcement officer. The State presented evidence that while placing Brown under arrest, Brown kicked one of the officers, dislocating his jaw. Although no direct evidence was presented that Brown intended to injure the officer, a juror could reasonably infer the intent from the evidence. Issue 2: Variance in indictment Brown argues that evidence was presented that he committed physical violence against the officer which amounted to a material variance in the indictment, because Count I of the indictment charged him with attempting to assault a law enforcement officer. Section 97-3-7(1) includes “attempt” in the definition of assault. Therefore, an attempted assault falls within the meaning of assault. The indictment provided Brown with adequate notice of the charge against him and the elements of that crime. Issue 3: Jury instructions Brown argues that the court erred by refusing to grant Brown’s jury instructions. A defendant is entitled to have jury instructions given which present his theory of the case, but the court may refuse an instruction which incorrectly states the law, is covered elsewhere in the instructions, or is without evidentiary foundation. Because there was no evidence presented to support the instruction on self-defense or the instruction on illegal arrest, the judge was correct in denying Brown’s jury instructions. |
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