Philpot v. State
| Docket Number: | 2009-KA-01986-COA Linked Case(s): 2009-KA-01986-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-24-2011 Opinion Author: Lee, C.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Aggravated assault - Weight of evidence Judge(s) Concurring: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Myers and Russell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-03-2006 Appealed from: Madison County Circuit Court Judge: William E. Chapman, III Disposition: Convicted of Aggravated Assault and Sentenced to Twenty Years in the Custody of the Mississippi Department of Corrections, with Four Years Suspended and Five Years of Supervised Probation Case Number: 2005-0330 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Curtis Philpot |
BOTY MCDONALD |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT |
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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: | Aggravated assault - Weight of evidence |
| Summary of the Facts: | Curtis Philpot was convicted of aggravated assault and sentenced to twenty years, with the last four years suspended and five years’ supervised probation. He appeals. |
| Summary of Opinion Analysis: | Philpot argues that the evidence does not support a conviction of aggravated assault. He argues that, at the most, the evidence supports a conviction of simple assault because the State failed to prove he had inflicted “serious bodily injury” on the victim. Philpot admitted he had hit the victim with his fists, but he denied he had hit her with a gun. The emergency-room doctor who treated the victim testified that her injuries were consistent with being beaten on the head with an object like a gun. The doctor testified that the victim had two black eyes and had been “beat[en] up pretty good.” Further, a forensic scientist performed a DNA analysis of the gun and found Philpot’s DNA on the grip of the gun and the victim’s DNA on the metal barrel at the end of the gun. Whether Philpot had hit the victim with the gun and whether the gun was a deadly weapon in the way it was used were questions for the jury to decide. Viewing the evidence in the light most favorable to the verdict, the guilty verdict is not against the overwhelming weight of the evidence. |
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