Smith v. State
| Docket Number: | 2007-KA-01468-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-20-2008 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault & Simple assault - Weight of evidence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, 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: 03-12-2007 Appealed from: LINCOLN COUNTY CIRCUIT COURT Judge: Michael M. Taylor Disposition: CONVICTED OF ONE COUNT OF AGGRAVATED ASSAULT AND SENTENCED TO FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH EIGHT YEARS TO SERVE AND SEVEN YEARS SUSPENDED, WITH FIVE YEARS OF POST-RELEASE SUPERVISION, AND FOUR COUNTS OF SIMPLE ASSAULT AND SENTENCED TO SIX MONTHS ON EACH OF THE FOUR COUNTS, WITH ALL SENTENCES TO RUN CONCURRENTLY, AND A $10,000 FINE District Attorney: Dee Bates Case Number: 06-112-LT |
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| Party Name: | Attorney Name: | |||
| Appellant: | FRED SMITH |
BENJAMIN ALLEN SUBER |
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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 & Simple assault - Weight of evidence |
| Summary of the Facts: | Fred Smith was convicted of one count of aggravated assault and four counts of simple assault. Smith was sentenced, on the aggravated assault charge, to fifteen years with eight years to serve and seven years suspended pursuant to his compliance with five years of post-release supervision. On each of the four counts of simple assault, Smith was sentenced to six months. He appeals. |
| Summary of Opinion Analysis: | Smith argues that the circuit court erred in denying his motion for a new trial because the verdict was against the overwhelming weight of the evidence. Smith admitted that he was involved in an altercation and that he fired into a vehicle. The only essential fact in dispute was whether the vehicle was occupied when Smith fired the shots. The only evidence to contradict the fact that the car was occupied was Smith’s own testimony and the written statement of Smith’s wife, which was taken shortly after the incident. At trial, Smith’s wife changed her version of the events and testified that she was suffering from posttraumatic stress at the time she wrote the statement. Therefore, only Smith’s testimony was left to contradict the State’s evidence. Thus, it is clear that the jury’s verdict was not contrary to the overwhelming weight of the evidence. |
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