Massey v. State
| Docket Number: | 2007-KA-01831-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 10-23-2008 Opinion Author: Easley, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Lustful touching of child - Sufficiency of evidence Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson and Randolph, JJ. Concurs in Result Only: Graves and Lamar, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-05-2007 Appealed from: Lauderdale County Circuit Court Judge: Robert Bailey Disposition: Conviction of lustful touching of a child and sentence of ten (10) years, with five (5) years suspended and five (5) years probation, with conditions, in the custody of the Mississippi Department of Corrections, payment of a fine of $1,000.00, an appearance bond fee of $500.00, Victims Impact Fund of $500.00 and court costs of $295.50. The trial court denied Massey's post-trial motions. District Attorney: Bilbo Mitchell Case Number: 816-06 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | George Lee Massey |
MISSISSIPPI OFFICE OF INDIGENT
APPEALS BY: GEORGE T. HOLMES |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE McCRORY | ||
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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| Topic: | Lustful touching of child - Sufficiency of evidence |
| Summary of the Facts: | George Massey was convicted of lustful touching of a child and was sentenced to ten years, with five years suspended and five years probation. He appeals. |
| Summary of Opinion Analysis: | Massey argues that the victim’s testimony suggested grave doubt as to Massey’s guilt, because she delayed three weeks in reporting the alleged incident, the allegations were made after her grandfather questioned her about not visiting, and her testimony differed from her written statement to police. The jury heard the different versions of events from the witnesses. The jury heard the testimony of both the victim and her grandfather with regard to his inquiry about her abrupt cessation of visits to the home. The unsupported word of the victim of a sex crime is sufficient to support a guilty verdict where that testimony is not discredited or contradicted by other credible evidence. The victim stated that she normally visited her grandparents often, however, she never returned to the home her grandparents shared with Massey after he touched her. These actions were consistent with the conduct of a person victimized by a sex crime. |
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