McManis v. State
| Docket Number: | 2003-KA-00836-COA Linked Case(s): 2003-CT-00836-SCT ; 2003-KA-00836-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-07-2004 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Jury instructions - Sufficiency of evidence Judge(s) Concurring: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ. Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Denied Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 04-11-2003 Appealed from: DeSoto County Circuit Court Judge: George B. Ready Disposition: COUNTS I AND II - AGGRAVATED ASSAULT/HABITUAL - 20 YEARS ON EACH COUNT TO RUN CONCURRENTLY District Attorney: John W. Champion Case Number: 2002-944-R(D) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Bertram Lenato McManis a/k/a Betram McManis |
JACK R. JONES |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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 - Jury instructions - Sufficiency of evidence |
| Summary of the Facts: | Bertram McManis was convicted of two counts of aggravated assault and was sentenced to twenty years on each count. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Jury instructions McManis argues that granting the State’s instructions on aggravated assault was reversible error, because the evidence was insufficient to prove that a deadly weapon was used to inflict injury upon the victims. The crime of aggravated assault requires proof that a person attempts to cause, or in fact does cause, serious bodily injury to another by use of a deadly weapon, or means likely to produce serious bodily harm. One of the victims testified that McManis had a knife in his hand and hit the two victims, both of whom were injured and required medical attention. Another witness testified that she saw McManis walk through her backyard and throw down an object which was discovered to be a knife. Therefore, there was no error in the giving of these instructions. Issue 2: Sufficiency of evidence McManis argues that there was no proof that a deadly weapon was used to inflict the injuries. There was clear testimony that McManis held a knife in his hand, and the wounds were of such a nature from which the jury could conclude they were made by a knife. Given the evidence, reasonable and fair-minded jurors could have found the accused guilty as charged. |
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