Townsend v. State
| Docket Number: | 2005-KA-01854-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 10-12-2006 Opinion Author: Easley, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault & Possession of firearm by convicted felon - Motion to dismiss the indictment - Sufficiency of evidence Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Dickinson and Randolph, JJ. Concurs in Result Only: Graves, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-31-2005 Appealed from: Claiborne County Circuit Court Judge: Lamar Pickard Disposition: The trial court sentenced Townsend to serve a term of sixteen years in the custody of the Mississippi Department of Corrections on the aggravated assault count and a term of three years on the possession of a firearm by a convicted felon count with the sentences to run concurrently. District Attorney: Alexander C. Martin Case Number: CR2004-11 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Michael Townsend |
PAMELA A. FERRINGTON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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| Topic: | Aggravated assault & Possession of firearm by convicted felon - Motion to dismiss the indictment - Sufficiency of evidence |
| Summary of the Facts: | Michael Townsend was convicted of aggravated assault and possession of a firearm by a convicted felon. Townsend was sentenced to sixteen years on the aggravated assault count and three years on the possession of a firearm by a convicted felon. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Motion to dismiss the indictment Townsend and another man were arrested and charged with aggravated assault. Townsend argues that the other man was no-billed by the grand jury and that the other man’s brother-in-law was a member of the grand jury panel. However, there is no document in the record that shows that the other man was ever no-billed by the grand jury. Further, the record does not contain a list of the grand jury members that indicted Townsend. Also, the record does not contain a ruling from the trial court on the motion to dismiss the indictment. Townsend further failed to raise the issue of the grand jury’s indictment in his motion for J.N.O.V., or alternatively, a new trial. Therefore, Townsend has waived this issue for appellate review. Issue 2: Sufficiency of evidence Considering the evidence in the light most favorable to the State, there was sufficient evidence to support Townsend’s conviction for aggravated assault and the possession of a firearm by a convicted felon. Although two of the witnesses at trial denied earlier statements they had made, the jury heard their testimony and the questioning regarding their prior statements made to investigators. Furthermore, the jury heard testimony from another witness that contradicted the testimony of one of the witnesses at trial. The jury is the final arbiter of a witness's credibility. |
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