Ferguson v. State
| Docket Number: | 2002-KA-01733-COA Linked Case(s): 2002-CT-01733-SCT ; 2002-KA-01733-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-02-2003 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-01-2002 Appealed from: Oktibbeha County Circuit Court Judge: John M. Montgomery Disposition: COUNT ONE: CONVICTION OF BURGLARY AND SENTENCE OF SEVEN YEARS; COUNT TWO: CONVICTION OF AGGRAVATED ASSAULT AND SENTENCE OF SEVEN YEARS ALL IN THE CUSTODY OF MDOC. SENTENCE IN COUNT TWO TO RUN CONCURRENTLY TO SENTENCE IN COUNT ONE. District Attorney: Forrest Allgood Case Number: 2001-0362-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Bruce Ferguson |
STEPHANIE L. MALLETTE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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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| Summary of the Facts: | Bruce Ferguson was convicted of burglary and aggravated assault and was sentenced to concurrent seven year terms. He appeals. |
| Summary of Opinion Analysis: | Ferguson argues that the evidence is insufficient, because the only evidence of the assault came from the victim's testimony and she could not recall details of the assault, she was not injured, she did not obtain medical attention, and evidence of other disputes suggests the assault might have been exaggerated. Testimony was uncontradicted that Ferguson cut the victim’s phone line and imitated a young neighbor's voice. The victim testified that Ferguson placed a length of rope around her neck and pulled it tight and that Ferguson told her he would kill her. From this, Ferguson's intent for wrongdoing may be reasonably inferred consistent to support the jury's verdict. The weight and worth of conflicting testimony are properly for the jury. In addition, proof of injury is not required for guilt of the offense for which Ferguson was charged. |
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