Wilson v. State
Docket Number: | 2000-KA-00846-COA Linked Case(s): 2000-KA-00846-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 06-24-2003 Opinion Author: Myers, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Manslaughter - Jury deliberation - Sufficiency of evidence - Aggravated assault instruction Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 06-17-1998 Appealed from: Wilkinson County Circuit Court Judge: Lillie Blackmon Sanders Disposition: MANSLAUGHTER - 20 YEARS District Attorney: Ronnie Lee Harper Case Number: 4773 |
Party Name: | Attorney Name: | |||
Appellant: | Vincent Wilson a/k/a " Lil Red" |
PAMELA A. FERRINGTON |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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. |
Topic: | Manslaughter - Jury deliberation - Sufficiency of evidence - Aggravated assault instruction |
Summary of the Facts: | Vincent Wilson was convicted of manslaughter and sentenced to twenty years. He appeals. |
Summary of Opinion Analysis: | Issue 1: Jury deliberation Wilson argues that the judge’s comment to the jury in response to a question during their deliberations was an improper comment upon the testimony and upon the weight of the evidence. The issue is waived since Wilson failed to object at trial. In addition, the judge merely re-read an instruction which the jury had already received. Issue 2: Sufficiency of evidence Wilson argues that the evidence would support a charge of aggravated assault, but not a charge of murder or manslaughter. From the evidence presented, a juror could reasonably infer that Wilson had shot the victim rendering him unconscious and then returned to the scene and beat the victim to death before he could regain consciousness. Issue 3: Aggravated assault instruction Wilson argues that the jury should also have been given the option to find him guilty of aggravated assault. Because the jury instructions were not provided in the record, this issue cannot be reviewed. |
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