Adams v. State
| Docket Number: | 2008-KA-01615-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-27-2010 Opinion Author: Roberts, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Aggravated assault - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 08-22-2008 Appealed from: Covington County Circuit Court Judge: Robert G. Evans Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO SEVENTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Eddie H. Bowen Case Number: 2007-10K |
|
| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Anthony Adams |
JOHN HUBERT ANDERSON |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT |
|
|
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: | Aggravated assault - Sufficiency of evidence |
| Summary of the Facts: | Anthony Adams was convicted for attempting to cause or purposely or knowingly causing bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm. He was sentenced to seventeen years. He appeals. |
| Summary of Opinion Analysis: | Adams argues the State failed to prove a significant element of the crime, by failing to prove that he knowingly and purposefully caused bodily injury to the victim. He argues that pistol whipping an individual does not constitute aggravated assault. Merely proving that a defendant attempted to cause, or knowingly or purposefully did cause, bodily injury with a deadly weapon is sufficient to warrant a conviction for aggravated assault. On the night in question, the evidence shows that Adams shot the victim after a tussle over the gun had transpired. Regardless of whether Adams was attempting to pistol whip or shoot the victim, there is still sufficient evidence to show that Adams knowingly and purposely caused bodily injury to the victim by using a deadly weapon. Given that the evidence before the jury was more than sufficient to sustain a finding of guilty of aggravated assault when viewed in a light most favorable to the prosecution, the circuit court did not err in denying Adams’s motion for a directed verdict. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
