Moten v. State
| Docket Number: | 2008-KA-00970-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-03-2009 Opinion Author: CARLTON, J. Holding: AFFIRMED |
|
| Additional Case Information: |
Topic: Simple assault of an employee of a private correctional facility - Defective indictment Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND MAXWELL, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 05-07-2008 Appealed from: Leake County Circuit Court Judge: Marcus D. Gordon Disposition: CONVICTED OF SIMPLE ASSAULT OF AN EMPLOYEE OF A PRIVATE CORRECTIONAL FACILITY AND SENTENCED TO FOUR AND ONE-HALF YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH THE SENTENCE TO RUN CONSECUTIVELY TO ANY PRIOR SENTENCE THE DEFENDANT IS SERVING District Attorney: Mark Sheldon Duncan Case Number: 08-CR-014-LE |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JAVORAS MOTEN |
EDMUND J. PHILLIPS,
P. SHAWN HARRIS |
|
|
| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD | ||
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: | Simple assault of an employee of a private correctional facility - Defective indictment |
| Summary of the Facts: | Javoras Moten was convicted of simple assault of an employee of a private correctional facility and sentenced to four and one-half years. He appeals. |
| Summary of Opinion Analysis: | Moten argues that the indictment was fatally defective in that it did not charge him expressly with simple assault; instead, it described an act that constitutes simple assault. So long as from a fair reading of the indictment, taken as a whole, the nature and cause of the charge against the accused are clear, the indictment is legally sufficient. Here, the indictment charges that the victim suffered bodily injury as a result of Moten’s striking her with his fist. Reading the indictment as a whole, the nature and cause of the charge against Moten are clear, and the indictment properly informs Moten of the possible defenses to the charged offense. Moten also argues that because his allegedly striking the victim with his fist did not directly cause her injury, the evidence presented at trial failed to conform to the material allegation in the indictment, and it failed to prove that allegation beyond a reasonable doubt. The victim testified that if she had not been “tussling” with Moten, she would not have slipped on the carrots, fallen, and injured her knee. Thus, she has established that she suffered an injury as a result of Moten’s striking her with his fist, as stated in the indictment. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
