Brown v. State
| Docket Number: | 2005-KA-00376-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-25-2006 Opinion Author: Myers, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Lesser-included offense instruction - Amendment of indictment - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ. Non Participating Judge(s): Roberts, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-10-2005 Appealed from: Lauderdale County Circuit Court Judge: Larry Eugene Roberts Disposition: CONVICTED OF AGGRAVATED ASSAULT SENTENCED TO SERVE FOURTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND FINE OF $2,500 District Attorney: BILBO MITCHELL Case Number: 595-03 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Sammie Lee Brown |
CRAIG ANDREW CONWAY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART |
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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 - Lesser-included offense instruction - Amendment of indictment - Sufficiency of evidence |
| Summary of the Facts: | Sammie Brown was found guilty of aggravated assault and sentenced to fourteen years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Lesser-included offense instruction Brown argues that the court erred by refusing his request for a simple assault instruction. An instruction for a lesser included offense may only be given by the trial court when there is an evidentiary basis for that instruction. The difference between aggravated and simple assault is that simple assault is causing bodily injury and aggravated assault is causing serious bodily injury or showing an extreme indifference to the value of human life. The only two witnesses who testified in this case were the victim and the officer who was dispatched to the scene of the incident. The victim testified that Brown hit her, knocking her to the ground and that he kicked her in the stomach while she was on the ground. She testified that, as a result of Brown’s assault, she sustained a broken jaw which required surgery. No evidence was presented that showed the victim’s injuries to be less than serious. Therefore, a lesser-included offense instruction is not required. Issue 2: Amendment of indictment Brown argues that it was error to allow the indictment to be amended without the grand jury. On the day of the trial the indictment was amended removing the word “recklessly.” Removing the word “recklessly” did not change the merits of the case. Brown was still charged with aggravated assault. Brown has given no evidence to prove that the evidence or his defense was changed by this amendment. Therefore, there is no prejudice as a result of this amendment. Brown also argues that the indictment was overly broad and defective, because it did not specify the statutory sub-section for which he was indicted. The main purpose of the indictment is to notify a defendant of the charges against him so that he may prepare an adequate defense. Brown’s indictment did include in the heading “aggravated assault” and the word “serious”. Furthermore, the indictment actually stated the elements of the crime not only the code number. Issue 3: Sufficiency of evidence Brown argues that the State failed to prove serious bodily injury which is an element of aggravated assault. The victim testified to her injuries and the act itself, and Brown presented no evidence to contradict this. Therefore, this issue is without merit. |
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