Edgett v. State


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Docket Number: 2009-KA-01527-COA

Court of Appeals: Opinion Link
Opinion Date: 09-14-2010
Opinion Author: Maxwell, J.
Holding: Affirmed.

Additional Case Information: Topic: Attempted burglary of a dwelling - Sufficiency of evidence
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 08-19-2009
Appealed from: Grenada County Circuit Court
Judge: Clarence E. Morgan, III
Disposition: CONVICTED OF ATTEMPTED BURGLARY OF A DWELLING AND SENTENCED AS A HABITUAL OFFENDER TO TWENTY-FIVE YEARS IN THE CUSTODY THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION
District Attorney: Doug Evans
Case Number: 2008-111-Cr

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Hudson Edgett




B. LEON JOHNSON, LESLIE S. LEE, HUNTER NOLAN AIKENS



 
  • Appellant #1 Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE  

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    Topic: Attempted burglary of a dwelling - Sufficiency of evidence

    Summary of the Facts: Hudson Edgett was convicted of attempted burglary of a dwelling. Edgett appeals.

    Summary of Opinion Analysis: Edgett argues that the State offered insufficient evidence that he intended to commit the underlying crime of rape had his entry into the victim’s house not been prevented. Edgett does not challenge the legal sufficiency of the State’s proof that he attempted to forcefully enter the victim’s home through her door and window. Because the offense of burglary itself requires an underlying crime, an indictment for burglary that does not specify what crime the accused intended to commit is fatally defective. The same rationale applies to a charge of attempted burglary. Here, the State alleged that Edgett intended to commit the crime of rape; thus, the crime intended is specifically stated. The issue of felonious intent is one of fact, and therefore falls within the exclusive province of the jury. Intent is usually shown by acts and declarations of the defendant coupled with facts and circumstances surrounding him at the time. Here, Edgett made his intentions quite clear to the victim. The record shows the two struggled in the doorway and that Edgett grabbed the victim’s arm and tried to force open her door with his knee. After the victim got the door shut and locked, Edgett quickly returned while the victim was on the telephone with a dispatcher and apparently began removing the window screen, which the jury could have reasonably inferred was done to further his attempt to break into her house. Thus, his argument is without merit.


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