Kimble v. State
Docket Number: | 2004-KA-01433-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 02-07-2006 Opinion Author: Lee, P.J. Holding: AFFIRMED |
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Additional Case Information: |
Topic: Aggravated assault - Voir dire - URCCC 3.05 - Sufficiency of evidence Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Non Participating Judge(s): Southwick, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 05-13-2004 Appealed from: Leake County Circuit Court Judge: Marcus D. Gordon Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Mark Sheldon Duncan Case Number: 04-CR-008-LE-G |
Party Name: | Attorney Name: | |||
Appellant: | Andrew Kimble |
EDMUND J. PHILLIPS |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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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. |
Topic: | Aggravated assault - Voir dire - URCCC 3.05 - Sufficiency of evidence |
Summary of the Facts: | Andrew Kimble was convicted of aggravated assault and sentenced to five years. He appeals. |
Summary of Opinion Analysis: | Issue 1: Voir dire Kimble argues that the State violated URCCC 3.05 during voir dire. URCCC 3.05 provides that during voir dire attorneys will not offer an opinion on the law. The statements were made to ascertain if the potential jurors understood their objectives of weighing the evidence and determining the credibility of witnesses and do not violate URCCC 3.05. Issue 2: Sufficiency of evidence Kimble challenges the sufficiency of the evidence. Taking the evidence in the light most favorable to the State, there was clearly sufficient evidence that Kimble assaulted the victim with a knife. The jury was given a self-defense instruction but elected to reject it and to convict Kimble of aggravated assault, despite the conflicting testimony. It is well-settled law that the jury determines the credibility of witnesses and resolves conflicts in the evidence. |
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