Bennett v. State
Docket Number: | 2010-KA-01961-COA Linked Case(s): 2010-KA-01961-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 02-07-2012 Opinion Author: Griffis, P.J. Holding: Affirmed |
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Additional Case Information: |
Topic: Aggravated assault - Weight of evidence Judge(s) Concurring: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 10-06-2010 Appealed from: Lincoln County Circuit Court Judge: David H. Strong Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, TO RUN CONSECUTIVELY TO THE SENTENCE IMPOSED IN LINCOLN COUNTY CAUSE NUMBER 09-188LS, AND TO PAY A $5,000 FINE AND RESTITUTION District Attorney: Dee Bates Case Number: 10-125-LS |
Party Name: | Attorney Name: | |||
Appellant: | Steven O. Bennett |
LESLIE S. LEE
JUSTIN TAYLOR COOK |
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Appellee: | State of Mississippi | OFFICE OF 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 - Weight of evidence |
Summary of the Facts: | Steven Bennett was convicted of aggravated assault and sentenced to twenty years. Bennett appeals. |
Summary of Opinion Analysis: | Bennett argues the trial court erred by not granting him a new trial, because the State’s case consisted primarily of confusing and conflicting testimony from the victim and three witnesses, with no physical evidence connecting him to the crime. According to the record, four people testified that they witnessed Bennett shoot the victim on the night in question; two of the witnesses testified that they saw the assault up close. There was some conflicting testimony about the events that led up to the altercation between Bennett and the victim, but this was for the jury to sort through and consider. The evidence established that the victim was unarmed and had already walked away from the fight when Bennett shot him. Thus, the verdict was not against the overwhelming weight of the evidence. |
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