Hogan v. State
| Docket Number: | 2002-KA-00521-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-16-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Aggravated assault - Jury instruction - Sufficiency of evidence Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 02-20-2002 Appealed from: Coahoma County Circuit Court Judge: Larry O. Lewis Disposition: COUNT I: SENTENCED TO TWO YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND THREE YEARS OF POST-RELIEF SUPERVISION FOR TAKING POSSESSION OF OR TAKING AWAY A MOTOR VEHICLE; COUNT II: FIFTEEN YEARS FOR AGGRAVATED ASSAULT ON A LAW ENFORCEMENT OFFICER; COUNT III: FIFTEEN YEARS FOR AGGRAVATED ASSAULT ON A LAW ENFORCEMENT OFFICER. COUNTS I AND II TO BE SERVED CONSECUTIVELY, COUNT III TO BE SERVED CONCURRENTLY WITH COUNTS I AND II. District Attorney: Laurence Y. Mellen Case Number: 2001-0096 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Timothy Hogan |
DAVID LYDELL TISDELL |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
|
|
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 - Jury instruction - Sufficiency of evidence |
| Summary of the Facts: | Timothy Hogan was convicted of three felony counts arising from his alleged improper appropriation of a motor vehicle and his ensuing efforts to injure two police officers trying to arrest him. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Jury instruction Hogan argues that the court erred when it granted an instruction which stated that “[i]t is presumed that a person intends the necessary or natural and probable consequences of his act,” because case law has established that it is reversible error to give such an instruction in the situation where specific intent is an element of the crime; the instruction is an incomplete statement of the law; and granting the instruction effectively denied Hogan his right to assert the defense that he acted under duress. Although the instruction is an abstract statement of the law that provides little, if any, concrete assistance to jurors, it is only in cases where specific intent is an element of the crime that the instruction has been deemed reversible error. Aggravated assault is not a crime of specific intent. In addition, Hogan received an instruction on duress and there is no arguable basis to conclude that an abstract instruction such as the one at issue had the effect of negating the duress instruction. Issue 2: Sufficiency of evidence Hogan argues that the evidence of his guilt was insufficient. The witnesses who testified at trial presented admissible evidence that, if accepted as true by the jury, would plainly establish each of the essential elements of the crimes charged. Those witnesses were not so impeached or their testimony so contradicted that the evidentiary value of the evidence they presented was destroyed. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
