Hill v. State
Docket Number: | 2003-KA-00730-COA Linked Case(s): 2003-CT-00730-SCT ; 2003-KA-00730-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 12-07-2004 Opinion Author: King, C.J. Holding: Affirmed |
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Additional Case Information: |
Topic: Armed robbery & Burglary - Sufficiency of evidence - Indictment Judge(s) Concurring: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 02-24-2003 Appealed from: Lamar County Circuit Court Judge: Michael R. Eubanks Disposition: BURGLARY OF INHABITED DWELLING - SENTENCED TO A TERM OF TWENTY-FIVE YEARS IN THE CUSTODY OF THE MDOC, WITH TEN YEARS SUSPENDED AND FIFTEEN YEARS TO SERVE. APPELLANT ORDERED TO PAY COURT COSTS. Case Number: 2001-K-341E |
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Consolidated: 2003-KA-00007-COA Russell Hill a/k/a Russell K. Hill v. State of Mississippi; Lamar Circuit Court; LC Case #: 2001-K-261E; Ruling Date: 11/08/2002; Ruling Judge: Michael R. Eubanks |
Party Name: | Attorney Name: | |||
Appellant: | Russell Hill a/k/a Russell K. Hill |
PRO SE
CHARLES BARON IRVIN |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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: | Armed robbery & Burglary - Sufficiency of evidence - Indictment |
Summary of the Facts: | Russell Hill was convicted of armed robbery and burglary. On the armed robbery charge, Hill was sentenced to thirty years, with twenty-five years to serve and five years suspended. On the charge of burglary of an inhabited dwelling, Hill was sentenced to twenty-five years, with fifteen years to serve and ten years suspended. He appeals. |
Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Hill argues that the State failed to prove its case but does not state with particularity where the State's proof was deficient. The State presented testimony from witnesses who identified Hill as the person who committed the crimes charged, and Hill has failed to establish facts or present evidence which support his claims. Issue 2: Indictment Hill argues that he has been held to answer for a felony without presentment or indictment of a grand jury. However, the record shows an indictment returned by the grand jury for a charge of armed robbery relating to Hill. |
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