Norwood v. State
| Docket Number: | 2001-KA-01772-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-07-2003 Opinion Author: King, P.J Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Sufficiency of evidence - Hearsay Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, and Chandler JJ. Non Participating Judge(s): Griffis, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-03-2001 Appealed from: Jefferson Davis County Circuit Court Judge: R. I. Prichard, III Disposition: AGGRAVATED ASSAULT: SENTENCE OF TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH FIFTEEN YEARS TO SERVE AND FIVE YEARS SUSPENDED ON POST-RELEASE SUPERVISION AND TO PAY RESTITUTION. District Attorney: Claiborne McDonald Case Number: K2000-105P |
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| Party Name: | Attorney Name: | |||
| Appellant: | Rodney Norwood |
MORRIS SWEATT |
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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: | Aggravated assault - Sufficiency of evidence - Hearsay |
| Summary of the Facts: | Rodney Norwood was convicted of aggravated assault and was sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Norwood argues that the verdict was against the weight and sufficiency of the evidence, because he proved at trial that the shooting was an act of self-defense. Norwood said he acted in self-defense, while the victim said that he did not pull a gun on Norwood and that he got out of the truck with his hands in the air. Conflicts in evidence are to be resolved by the trier of fact. There is sufficient evidence in the record to support the jury’s verdict. Issue 2: Hearsay Norwood argues that the court should have granted his motion for a mistrial after a witness testified to inadmissible hearsay regarding an unknown person on the road who was talking to Norwood about fighting. When the court sustains objections to improper testimony of witnesses, it is presumed, unless otherwise shown, that the jury followed the directions of the judge to disregard such testimony. Here, the judge took corrective action by instructing the jury to disregard the hearsay testimony. |
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