Price v. State
| Docket Number: | 2002-KA-00684-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-16-2004 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Weight of evidence 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: 03-15-2002 Appealed from: Noxubee County Circuit Court Judge: Lee J. Howard Disposition: COUNT I-AGGRAVATED ASSAULT-6 YEARS COUNT II-AGGRAVATED ASSAULT-12 YEARS TO RUN CONSECUTIVELY TO COUNT I, IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, RESTITUTION OF $5,570 AND FIVE YEARS OF POST-RELEASE SUPERVISION District Attorney: Forrest Allgood Case Number: 2001-007 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Johnny Tyrone Price |
RICHARD BURDINE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: 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: | Aggravated assault - Weight of evidence |
| Summary of the Facts: | Johnny Price was convicted on two counts of aggravated assault and was sentenced to consecutive terms of imprisonment of six years and twelve years. He appeals. |
| Summary of Opinion Analysis: | Price argues that the verdict was against the overwhelming weight of the evidence, because the victims were armed with a stick and a razor and his actions were in self-defense. The jury is responsible for judging the credibility of witnesses. Here, the jury heard all the testimony and adjudged that of the witnesses to be the most credible. Considering the evidence in its totality, it is not so lacking that a reasonable fair-minded juror could not have found the accused guilty as charged. |
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