Johnson v. State


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Docket Number: 2005-KA-01533-COA

Court of Appeals: Opinion Link
Opinion Date: 02-13-2007
Opinion Author: ISHEE, J.
Holding: Affirmed

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

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



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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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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