Johnson v. State
| Docket Number: | 2008-KA-00576-COA Linked Case(s): 2008-KA-00576-COA ; 2008-KA-00576-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-25-2010 Opinion Author: Barnes, J. Holding: The judgment of the Circuit Court of Rankin County of conviction of Count III, shooting into a dwelling house, and sentence of ten years in the custody of the Mississippi Department of Corrections and to pay a $10,000 fine is affirmed. |
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| Additional Case Information: |
Topic: Shooting into dwelling house - Sufficiency of evidence - Section 97-37-29 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-21-2008 Appealed from: RANKIN COUNTY CIRCUIT COURT Judge: William E. Chapman, III Disposition: CONVICTED OF COUNT III, SHOOTING INTO A DWELLING HOUSE, AND SENTENCED TO TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TO PAY A $10,000 FINE District Attorney: Michael Guest Case Number: 17340 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jason C. Johnson |
W. DANIEL HINCHCLIFF |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY | ||
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: | Shooting into dwelling house - Sufficiency of evidence - Section 97-37-29 |
| Summary of the Facts: | Jason Johnson was convicted of shooting into a dwelling house and was sentenced to ten years. He appeals. |
| Summary of Opinion Analysis: | Johnson argues that the evidence fails to show that he “willfully” shot into the dwelling since he was actually aiming at someone who was near the front of the trailer. Johnson must be presumed to have known that when he attempted to shoot a person while the fight ensued in front of the trailer, a natural probable result of this illegal act was the possibility of shooting into the trailer. Johnson risked the legal consequences once he shot the firearm. Furthermore, Johnson intended to make the bodily movement, that is, to shoot the firearm, which caused the crime, whether it resulted in the death or injury to the person, or shooting into a dwelling. Just because Johnson missed the person and shot the trailer where several adults and children were present, Johnson’s criminal culpability should not be lost. The State presented sufficient proof that Johnson shot a firearm into a dwelling house within the meaning of section 97-37-29. Taken in the light most favorable to the State, the testimonies of two eyewitnesses show Johnson willfully and unlawfully fired the weapon in the direction of the trailer and struck it. Witnesses stated the bullet hole, which was in the front of the trailer where the altercation had been, was not there before the incident. The jury was thus presented with substantial evidence to support the conviction of Johnson for the crime of shooting into a dwelling house. |
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