Lackie v. State
| Docket Number: | 2005-KA-01838-COA Linked Case(s): 2005-KA-01838-COA ; 2005-CT-01838-SCT ; 2005-CT-01838-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-01-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Sufficiency of evidence - Lesser included offense instruction Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-03-2005 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: James T. Kitchens, Jr. Disposition: CONVICTED OF FOUR COUNTS OF AGGRAVATED ASSAULT AND SENTENCE OF TEN YEARS EACH FOR COUNTS I, III, AND IV AND TWENTY YEARS FOR COUNT II ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH SENTENCES IN COUNTS I, III, AND IV TO RUN CONCURRENTLY TO EACH OTHER AND CONSECUTIVELY TO SENTENCE IN COUNT II, AND PAY A FINE OF $500 ON EACH COUNT AND FIVE YEARS OF POSTRELEASE SUPERVISION AND PAY RESTITUTION. District Attorney: Forrest Allgood Case Number: 2003-0099-CR1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | JAMES TODD LACKIE A/K/A JAMES T. LACKIE |
DAN W. DUGGAN |
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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. |
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| Topic: | Aggravated assault - Sufficiency of evidence - Lesser included offense instruction |
| Summary of the Facts: | James Lackie was convicted of four counts of aggravated assault. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Lackie argues that no direct evidence was presented to support the prima facie case, and that the testimony was too inconsistent to support the verdict. Witnesses testified that Lackie was the only one seen with a knife. Lackie himself admits entering the fight with the knife, swinging it, and cutting some of the participants. When the knife was recovered at the scene, Lackie admitted that it was his. The evidence is also uncontroverted that the wounds suffered by all of the men were made by a knife or some sharp object. Therefore, the testimony presented was sufficient for a jury to determine the credibility of the witnesses, weigh all of the evidence, and make a determination that Lackie was guilty of aggravated assault. Issue 2: Lesser included offense instruction Lackie argues that he was entitled to a jury instruction for simple assault. Whether a lesser offense instruction should be given turns on whether there exists an evidentiary basis for it. Lackie admitted to voluntarily joining the fight, and intentionally opening his knife. He testified that he intentionally used the knife by thrusting it backwards in an attempt to get some of the men off of his back. A simple assault instruction would be proper only if he had negligently used the deadly weapon. |
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