Horton v. State
| Docket Number: | 2003-KA-02669-SCT Linked Case(s): 2003-KA-02669-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-23-2005 Opinion Author: Carlson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Felony child abuse - Sufficiency of evidence Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-03-2003 Appealed from: Lee County Circuit Court Judge: Paul S. Funderburk Disposition: Horton was convicted in felony child abuse and was sentenced to twenty years with eight years suspended and five years of post-release supervision District Attorney: John Richard Young Case Number: CR02-236 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tissus Horton |
WILLIAM C. BRISTOW |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE McCRORY |
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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: | Felony child abuse - Sufficiency of evidence |
| Summary of the Facts: | Tissus Horton was convicted of felony child abuse and was sentenced to twenty years, with eight years suspended, and five years of post-release supervision. She appeals. |
| Summary of Opinion Analysis: | Horton argues that the evidence is insufficient. In order to convict Horton of the felonious child abuse of her husband’s son, the State was required to prove, pursuant to section 97-5-39, Horton intentionally burned the child causing serious bodily injury. The child testified that Horton forced him to take a bath in scalding hot water. When he tried to climb out of the tub, Horton beat him with a curtain rod. Although the child waited almost six months to tell his mother about the incident, an expert in pediatrics testified that it was not uncommon for a child to wait until he felt safe to reveal the true nature of his abuse and his abuser. In addition, there was proof of painful and serious bodily injury requiring an eight-day hospitalization and leaving permanent, visible scars. While Horton and her sister testified as to a different version of the events of the night in question, the conflict between the two versions was a question of fact for resolution by the jury. Viewing the evidence in the light most favorable to the State, the child’s testimony alone provided sufficient evidence with which a rational juror could have found that the State proved Horton committed all of the elements of felonious child abuse. |
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