White v. State
| Docket Number: | 2006-KA-00721-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-29-2007 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Defective indictment - Sufficiency of evidence - Closing argument Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ. Non Participating Judge(s): IRVING, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-12-2006 Appealed from: YAZOO COUNTY CIRCUIT COURT Judge: Jannie M. Lewis Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCE OF TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: James H. Powell, III Case Number: 24-9562 |
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| Party Name: | Attorney Name: | |||
| Appellant: | TOMMIE LEE WHITE, SR. |
BELINDA J. STEVENS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN TERRELL MARTIN |
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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 - Defective indictment - Sufficiency of evidence - Closing argument |
| Summary of the Facts: | Tommie White, Sr. was found guilty of aggravated assault and sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Defective indictment White’s indictment charged him with a violation of section 97-3-7(2)(a). However, the language used in the indictment describing the crime is more in line with section 97-3-7(2)(b). The incorrect citation of a statute number does not alone render an indictment defective, but rather is mere surplusage and not prejudicial to a defendant. Therefore, the discrepancy is of no moment. Issue 2: Sufficiency of evidence White argues that the State has failed to present sufficient and consistent evidence to establish beyond a reasonable doubt that he committed the act of aggravated assault, citing the inconsistent statement of the alleged victim, the repudiation of the incident report and the lack of testing of any of the physical evidence. While there were discrepancies in the testimony offered at trial, the jury has the duty to determine the impeachment value of inconsistencies or contradictions as well as testimonial defects of perception, memory and sincerity. Viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Issue 3: Closing argument Because White’s counsel neither made an objection during the duration of the State’s closing nor raised this issue in his motion for new trial, this issue is waived for appeal. |
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