Jiles v. State
| Docket Number: | 2005-KA-01463-COA Linked Case(s): 2005-KA-01463-COA ; 2005-CT-01463-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-05-2006 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Attempted rape - Sufficiency of evidence Judge(s) Concurring: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-11-2005 Appealed from: LEFLORE COUNTY CIRCUIT COURT Judge: W. ASHLEY HINES Disposition: ATTEMPTED RAPE - SENTENCED TO TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: JOYCE IVY CHILES Case Number: 2004-0137CICR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Roosevelt Jiles |
IMHOTEP ALKEBU-LAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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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: | Attempted rape - Sufficiency of evidence |
| Summary of the Facts: | Roosevelt Jiles was convicted of attempted rape. He was sentenced to ten years. He appeals. |
| Summary of Opinion Analysis: | Jiles argues that the evidence was insufficient to prove an overt act associated with attempted rape because he voluntarily ceased the assault when he ran out of the bathroom, all that he said during the struggle was “give me that towel,” and he never exposed his genitals. Whether Jiles fled the bathroom as a voluntary cessation of the act or was prevented from completing the act because of the victim’s screams is a question of fact that goes to the weight and credibility of the evidence which are to be resolved by the jury, and not in a motion for directed verdict. The same is true for Jiles’ remaining arguments. |
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