Lewis v. State
| Docket Number: | 2006-KA-02088-COA | |
| Court of Appeals: |
Opinion Date: 12-11-2007 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, 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: 10-13-2006 Appealed from: Itawamba County Circuit Court Judge: Sharion R. Aycock Disposition: AGGRAVATED ASSAULT, SENTENCED TO SERVE A TERM OF TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH TEN YEARS SUSPENDED AND FIVE YEARS OF POST-RELEASE SUPERVISION. District Attorney: John Richard Young Case Number: CR 06-108 |
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| Party Name: | Attorney Name: | |||
| Appellant: | James D. Lewis |
CAROLYN R. BENSON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD |
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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. |
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| Topic: | Aggravated assault - Sufficiency of evidence |
| Summary of the Facts: | James Lewis was convicted of aggravated assault and was sentenced to twenty years, with ten years suspended. He appeals. |
| Summary of Opinion Analysis: | Lewis challenges the sufficiency of the evidence. It is well settled that where evidence conflicts, the resolution of the conflicts are for the jury to determine, and the province of the jury will only be intruded upon in rare instances. In this case, the victim and his son’s testimony was that Lewis initiated the fight, and the victim hit Lewis with the bat in self-defense. Lewis and his girlfriend’s testimony was in direct contradiction, as they said the victim hit Lewis with the bat before Lewis cut the victim. The jury found the victim and his son’s testimony to be more credible. The evidence, reviewed in the light most favorable to the State, proves reasonably minded jurors could have found Lewis guilty of aggravated assault beyond a reasonable doubt. |
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