Short v. State


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Docket Number: 2007-KA-01154-COA

Court of Appeals: Opinion Link
Opinion Date: 09-16-2008
Opinion Author: Lee, P.J.
Holding: Reversed and Remanded

Additional Case Information: Topic: Attempted statutory rape - Defective indictment - Allegation of overt act
Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 06-25-2007
Appealed from: Jefferson County Circuit Court
Judge: Lamar Pickard
Disposition: CONVICTED OF ATTEMPTED STATUTORY RAPE AS A HABITUAL OFFENDER AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
District Attorney: Alexander C. Martin
Case Number: C#2006-68KR

  Party Name: Attorney Name:  
Appellant: LEO SHORT, JR.




GEORGE T. HOLMES



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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Topic: Attempted statutory rape - Defective indictment - Allegation of overt act

Summary of the Facts: Leo Short, Jr. was convicted of attempted statutory rape and was sentenced to twenty years. He appeals.

Summary of Opinion Analysis: Short argues that he was indicted for attempted statutory rape, but the indictment contains no allegation of an overt act or any reference to section 97-1-7 which discusses attempted crimes. In order to indict a defendant for an attempted crime, the indictment must set out with certainty the specific conduct that the State asserts to be the overt act. Because the indictment failed to allege an overt act, the case is reversed and remanded.


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