Parks v. State
| Docket Number: | 2005-KA-00092-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-13-2006 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Admission of pistol - Weight of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, 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: 09-24-2003 Appealed from: Attala County Circuit Court Judge: Clarence E. Morgan, III Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO SERVE TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: DOUG EVANS Case Number: 2003-104(A)-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Marvin Parks |
STEPHANIE L. MALLETTE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY |
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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 - Admission of pistol - Weight of evidence |
| Summary of the Facts: | Marvin Parks was convicted of aggravated assault and was sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Admission of pistol Parks argues that the court erred in admitting a .22 caliber pistol into evidence, because the State could not provide a nexus between the weapon, discovered approximately two miles from the alleged crime scene, and the crime. A weapon used in the commission of a crime may be admitted where the victim identifies it. Here, the victim testified that she had seen the weapon earlier that night, and again at the time she was shot with it. Whether or not she was able to correctly identify the gun was a question for the jury. Issue 2: Weight of evidence Parks argues that the verdict was against the weight of the evidence. The jury heard both versions of the events. It is for jurors to resolve conflicts in testimony. The verdict in this case is not contrary to the overwhelming weight of the evidence and allowing it to stand will not constitute an unconscionable injustice. |
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