Crawford v. State
Docket Number: | 2006-KA-01871-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 01-08-2008 Opinion Author: CARLTON, J. Holding: Affirmed |
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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 |
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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 |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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. |
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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