Davis v. State
| Docket Number: | 2005-KA-01877-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-06-2007 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Lesser-included offense instruction Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES AND ISHEE, JJ. Non Participating Judge(s): ROBERTS, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-08-2005 Appealed from: Lauderdale County Circuit Court Judge: Larry Eugene Roberts Disposition: CONVICTED OF SALE OF COCAINE AND SENTENCED TO FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND FINE OF $5,000 District Attorney: Bilbo Mitchell Case Number: 031-05 |
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| Party Name: | Attorney Name: | |||
| Appellant: | EDDIE MOSLEY DAVIS |
CRAIG ANDREW CONWAY |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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: | Sale of cocaine - Lesser-included offense instruction |
| Summary of the Facts: | Eddie Davis was convicted of the sale of cocaine. He appeals. |
| Summary of Opinion Analysis: | Davis argues that the court erred by giving an instruction allowing the jury to consider convicting Davis for sale of cocaine when that charge was not listed as an offense on the indictment. The indictment charged Davis with the crime of sale of cocaine while in possession of a firearm. The elements for the charge of sale of cocaine as listed in Section 41-29-139 are necessarily included to prove the crime of sale of cocaine while in possession of a firearm under Section 41-29-152. Thus, the jury was properly instructed that Davis could be found guilty of sale of cocaine, a lesser-included offense to the charge of sale of cocaine while in possession of a firearm. |
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