Short v. State
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 |
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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 |
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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 |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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. |
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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