Johnson v. State
Docket Number: | 2005-KA-01533-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 02-13-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Conspiracy to commit murder - Weight of evidence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ROBERTS, AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 07-14-2005 Appealed from: Coahoma County Circuit Court Judge: Al Smith Disposition: CONVICTED OF CONSPIRACY TO COMMIT MURDER AND SENTENCED AS A HABITUAL OFFENDER TO SERVE TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT THE POSSIBILITY OF PAROLE. District Attorney: LAURENCE Y. MELLEN Case Number: 2004-0191 |
Party Name: | Attorney Name: | |||
Appellant: | GEORGE JOHNSON A/K/A GEORGE DEWAYNE JOHNSON A/K/A LIL GEORGE |
WILBERT LEVON JOHNSON |
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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. |
Topic: | Conspiracy to commit murder - Weight of evidence |
Summary of the Facts: | George Johnson was convicted of conspiracy to commit murder. He was sentenced as a habitual offender to twenty years. He appeals. |
Summary of Opinion Analysis: | Johnson argues that the State presented no credible evidence to establish that he conspired with others to murder the victim but that, at most, the evidence suggested that he may have had some knowledge that a crime was about to be committed. A witness testified that he, Johnson, and two other people were members of a gang and that one of the men decided to kill the victim. He testified that Johnson stayed with the man during the shooting. These facts and reasonable inferences drawn from them strongly point toward Johnson’s guilt. |
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