Crawford v. State


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Docket Number: 2006-KA-01871-COA

Court of Appeals: Opinion Link
Opinion Date: 01-08-2008
Opinion Author: CARLTON, J.
Holding: Affirmed

Additional Case Information: Topic: Aggravated assault - Defective indictment - Sufficiency of evidence
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 10-06-2006
Appealed from: Clay County Circuit Court
Judge: James T. Kitchens, Jr.
Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO SIXTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH FOUR YEARS OF POST-RELEASE SUPERVISION
District Attorney: Forrest Allgood
Case Number: 8902

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: ANDRE L. CRAWFORD




LESLIE S. LEE, BENJAMIN ALLEN SUBER



 
  • Appellant #1 Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

    Synopsis provided by:

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    Topic: Aggravated assault - Defective indictment - Sufficiency of evidence

    Summary of the Facts: Andre Crawford was convicted of aggravated assault and sentenced to sixteen years, with four years of post-release supervision. He appeals.

    Summary of Opinion Analysis: Issue 1: Defective indictment Crawford argues that the indictment was defective because it failed to allege serious bodily injury. There is no error in the omission of the words “serious bodily injury” from the indictment where, as here, the injury is inflicted with a deadly weapon. Issue 2: Sufficiency of evidence Crawford challenges the sufficiency of the evidence and relies on his alibi defense. This was an issue of fact to be resolved by the jury which was under no obligation to accept his defense. The evidence of a dangling knife was left for all to see immediately after an angry Crawford lunged at the victim. This altercation was motivated by the victim’s refusal to give Crawford free liquor. Thus, ample evidence was presented to the jury to support a finding that Crawford stabbed the victim with a knife.


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