Davis v. State


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Docket Number: 2002-KA-00209-COA
Linked Case(s): 2002-KA-00209-COA

Court of Appeals: Opinion Link
Opinion Date: 09-30-2003
Opinion Author: Irving, J.
Holding: Affirmed

Additional Case Information: Topic: Simple assault, Aggravated assault & Possession of deadly weapon by convicted felon - Defective indictment - Weight of evidence - Sufficiency of evidence
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 01-18-2001
Appealed from: Adams County Circuit Court
Judge: Lillie Blackmon Sanders
Disposition: GUILTY OF COUNT I - SIMPLE ASSAULT: SENTENCED TO SIX MONTHS IN THE COUNTY JAIL; COUNT II - SIMPLE ASSAULT: SENTENCED TO SIX MONTHS IN THE COUNTY JAIL; COUNT III - AGGRAVATED ASSAULT: SENTENCED TO LIFE IMPRISONMENT; AND COUNT IV - POSSESSION OF A DEADLY WEAPON BY A CONVICTED FELON: SENTENCED TO LIFE IMPRISONMENT
Case Number: 00-KR-0167-S

  Party Name: Attorney Name:  
Appellant: Eric Shawn Davis




PAMELA A. FERRINGTON



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

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Topic: Simple assault, Aggravated assault & Possession of deadly weapon by convicted felon - Defective indictment - Weight of evidence - Sufficiency of evidence

Summary of the Facts: Eric Davis was convicted of two counts of simple assault, one count of aggravated assault and one count of possession of a deadly weapon by a convicted felon. Davis appeals.

Summary of Opinion Analysis: Issue 1: Defective indictment Davis argues that the indictment is defective, because the date recited in the indictment demonstrates that the crimes with which he was charged could not possibly have been committed on the third of November. Davis waived any objection because he failed to object to the indictment. In addition, a variance in the date on an indictment will not be a cause for reversal where there is no prejudice by such variance. Davis was not prejudiced by the lack of specificity in the listing of the date of the offenses charged in the indictment, since the change in the date of the offenses did not affect the viability of Davis’s defense. Issue 2: Weight of evidence Davis argues that the verdict was against the overwhelming weight of the evidence, because the evidence established that the victim could not have been assaulted on the third day of November. The essence of the crime was not the date. The evidence adduced at the trial consisted of the victim’s testimony as well as the testimony of three witnesses who either saw the altercation or saw Davis’s actual possession of the firearm. Therefore, allowing the jury's verdict to stand will not sanction an unconscionable injustice. Issue 3: Sufficiency of evidence Davis argues that the evidence presented by the State was weak and insufficient to support his convictions, because the victim’s testimony was inconsistent, contradictory and biased, and the State presented no physical evidence connecting Davis to the injuries. For the reasons and facts previously recounted and addressed as to the weight of evidence, ample evidence existed to support the verdicts.


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