Evans v. State
| Docket Number: | 2004-KA-00772-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-13-2005 Opinion Author: Ishee, J. Holding: AFFIRMED |
|
| Additional Case Information: |
Topic: Rape - Sufficiency of indictment - Sufficiency of evidence - Excessive sentence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Bridges, Irving, Chandler, Griffis and Barnes, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 02-02-2004 Appealed from: Claiborne County Circuit Court Judge: Lamar Pickard Disposition: CONVICTION OF RAPE: SENTENCED TO SERVE A TERM OF THIRTY YEARS WITH THE MISSISSIPPI STATE DEPARTMENT OF CORRECTIONS; TO SERVE TWENTY YEARS OF SAID SENTENCE WITH TEN YEARS SUSPENDED FOR POST RELEASE SUPERVISION; CREDIT FOR TIME SERVED WHILE AWAITING SENTENCE District Attorney: Alexander C. Martin Case Number: CR 2003-26 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Morris Evans |
JOHNNIE MCDANIELS |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOSE BENJAMIN SIMO |
|
|
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: | Rape - Sufficiency of indictment - Sufficiency of evidence - Excessive sentence |
| Summary of the Facts: | Morris Evans was convicted of rape and was sentenced to thirty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of indictment Evans argues that the indictment was not sufficient to notify him that he was being prosecuted for statutory rape. All that is required is that the indictment provide a concise and clear statement of the elements of the crimes charged. The indictment in this case labeled the charge against Evans as “statutory rape,” but went on to list the elements of forcible rape. In addition, the indictment erroneously listed section 97-3-65(3)(a) as the section for forcible rape, rather than the proper section, section 97-3-65(4)(a). Because all that is required is a clear and concise statement of the elements of the crime charged, the mislabeling of the crime as “statutory rape” was mere surplusage and not prejudicial to Evans’ ability to prepare an adequate defense. Issue 2: Sufficiency of evidence Evans argues that the evidence presented at trial was insufficient to support a conviction for “statutory rape.” Were the crime with which Evans was charged actually “statutory rape,” this argument would potentially prove valid. The elements with which Evans was actually charged constitute the crime of forcible rape and the evidence at trial was clearly sufficient to support a conviction for that crime. Evidence was presented that Evans forcibly raped the victim against her will and without her consent. Furthermore, the DNA evidence presented in the case did not exclude Evans as a suspect. Issue 3: Excessive sentence Evans argues that the sentence imposed upon him by the trial court was arbitrary. Because his sentence was well within the statutory guidelines, this assignment of error is without merit. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
