Chambers v. State
| Docket Number: | 2005-KM-01101-COA Linked Case(s): 2005-KM-01101-COA ; 2005-CT-01101-SCT |
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| Court of Appeals: |
Opinion Date: 02-27-2007 Opinion Author: Barnes, J. Holding: The judgment of the Washington County Circuit Court of conviction of resisting arrest and sentence to six months in the county jail is affirmed. |
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| Additional Case Information: |
Topic: Resisting arrest - 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: 01-12-2005 Appealed from: Washington County Circuit Court Judge: Richard Smith Disposition: Conviction of resisting arrest and sentence to six months in the county jail Case Number: CR-2003-240 |
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| Note: | Opinion withdrawn and superceded by later Modified Opinion on Rehearing. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Gregory Chambers |
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| Appellee: | State of Mississippi |
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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: | Resisting arrest - Sufficiency of evidence |
| Summary of the Facts: | Gregory Chambers was convicted of resisting arrest. He appeals. |
| Summary of Opinion Analysis: | Chambers argues that it was inconsistent for the jury to find him guilty of resisting arrest yet not guilty of simple assault on a law enforcement officer. However, the crime of simple assault on a police officer contains additional elements not present in the crime of resisting arrest. To prove that Chambers resisted arrest on the night in question, the State was required to prove that the officer was attempting a lawful arrest, and Chambers resisted or obstructed his arrest by force, threats, violence, or any other means. Chambers argues that the jury must have found insufficient evidence that the arrest was lawful. The record contains substantial evidence that the officer was acting within the scope of his employment at the time the arrest was made and, further, that Chambers was aware of this fact. On the question of who initiated the physical confrontation, this issue was disputed at trial. The jury is the judge of the weight and credibility of testimony and is free to accept or reject all or some of the testimony given by each witness. Drawing all reasonable inferences from the officer’s testimony, it was reasonable for a jury to find that Chambers’ struggle while the agents attempted to place Chambers in handcuffs amounted to resistance or obstruction of his arrest by force, threats, violence, or any other means. |
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