Yarbrough v. State
| Docket Number: | 2007-KA-01105-COA Linked Case(s): 2007-KA-01105-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-19-2008 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault on law enforcement officer - Weight of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Chandler, 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: 05-18-2007 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: James T. Kitchens, Jr. Disposition: CONVICTED OF AGGRAVATED ASSAULT ON A LAW ENFORCEMENT OFFICER AND SENTENCED AS A HABITUAL OFFENDER TO THIRTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Forrest Allgood Case Number: 2007-0193-CR1 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | STEPHEN T. YARBROUGH A/K/A STEVEN TRACY YARBROUGH |
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. |
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| Topic: | Aggravated assault on law enforcement officer - Weight of evidence |
| Summary of the Facts: | Stephen Yarbrough was convicted of aggravated assault on a law enforcement officer and was sentenced as a habitual offender to thirty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Amendment of indictment Yarbrough argues that an amendment to the indictment which removed the word “serious” was one of substance rather than form and that due to the amendment he was unprepared for trial. An indictment may be amended as long as it does not materially alter facts which are the essence of the offense on the face of the indictment as it originally stood or materially alter a defense to the indictment as it originally stood so as to prejudice the defendant’s case. Amending the indictment to reflect that Yarbrough caused or attempted to cause bodily injury, rather than serious bodily injury, does not change the essence of the charge: aggravated assault upon a law enforcement officer. Yarbrough’s defense that he was only trying to get away and did not mean to hurt the deputy would have been the same whether the indictment contained the word serious or not. Issue 2: Weight of evidence Yarbrough argues that the verdict was against the weight of the evidence. The record indicates that Yarbrough’s testimony differed from that of the deputy. The jury also heard testimony from an officer who described the deputy’s physical condition when he arrived at the scene. When the evidence is conflicting, the jury will be the sole judge of the credibility of witnesses and the weight and worth of their testimony. |
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