Bennett v. State


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Docket Number: 2010-KA-01961-COA
Linked Case(s): 2010-KA-01961-COA

Court of Appeals: Opinion Link
Opinion Date: 02-07-2012
Opinion Author: Griffis, P.J.
Holding: Affirmed

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

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



 

Appellee: State of Mississippi OFFICE OF ATTORNEY GENERAL: JEFFREY A. KLINGFUSS  

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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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