Webb v. State


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Docket Number: 2002-KA-00670-COA
Linked Case(s): 2002-CT-00670-COA ; 2002-CT-00670-SCT ; 2002-CT-00670-SCT ; 2002-CT-00670-SCT ; 2002-KA-00670-COA ; 2002-KA-00670-COA

Court of Appeals: Opinion Link
Opinion Date: 08-26-2003
Opinion Author: Bridges, J.
Holding: Appellant's motion for rehearing denied.

Additional Case Information: Topic: Burglary - Defective indictment - Accomplice instruction - Peremptory challenges
Dissenting Author : Irving, J., would grant.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 04-12-2002
Appealed from: Madison County Circuit Court
Judge: Samac Richardson
Disposition: BURGLARY OF A DWELLING: SENTENCED TO SERVE A TERM OF TWENTY-FIVE YEARS IN THE CUSTODY OF THE MDOC, THE EXECUTION OF THE LAST TEN YEARS IS STAYED AND THAT PORTION OF THE SENTENCE IS SUSPENDED ON THE TERMS, PROVISIONS AND CONDITIONS PRESCRIBED.
Case Number: 99-0375

  Party Name: Attorney Name:  
Appellant: Kenneth Bernard Webb




JULIE ANN EPPS SAMUEL H. WILKINS



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS  

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Topic: Burglary - Defective indictment - Accomplice instruction - Peremptory challenges

Summary of the Facts: Kenneth Webb was convicted of burglary and was sentenced to twenty-five years with ten years suspended with five years' post-release supervision. He appeals.

Summary of Opinion Analysis: Issue 1: Defective indictment Webb argues that the indictment failed to allege the essential elements of the underlying offense of larceny. When the crime being prosecuted requires that it be committed in conjunction with some other crime, it is sufficient to enumerate the specific elements of the crime charged and then to name the additional crime. The indictment charging Webb with burglary described each element of burglary, then named "larceny" as the crime intended to be committed after the breaking and entering. That is a proper indictment. Issue 2: Accomplice instruction Webb argues that the court erred in denying one of his jury instructions, because no instruction was given regarding the care and caution given to the testimony of accomplices. A defendant is not entitled to an instruction which incorrectly states the law, is without evidentiary foundation, or is stated elsewhere in another instruction. The proposed instruction was for "an informer's testimony," or for one who "for pay or for immunity from prosecution" provides evidence through his or her testimony. Not only was one of the witnesses a co-defendant, but there is nothing in the record to show that either witness received any pay or any immunity from prosecution. Issue 3: Peremptory challenges Webb argues that the court erred when it sustained the State's peremptory challenges on two jurors. The reasons given by the State for rejecting these jurors are that one lived in a high crime area and the other had an incomplete juror card (not employed). These reasons have been approved as race neutral. Issue 4: Batson challenge During voir dire, the defense wanted to strike a juror because he worked as a director of finance for a state agency. Webb argues that the court erred in rejecting his reason as being non-discriminatory on the basis of race. Although employment is a race neutral reason, the judge is afforded great deference and he is in the best position to observe the attorneys as well as all the jurors.


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