Dambrell v. State


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Docket Number: 2002-KA-01260-COA
Linked Case(s): 2002-KA-01260-COA2002-CT-01260-SCT2002-CT-01260-SCT

Court of Appeals: Opinion Link
Opinion Date: 05-25-2004
Holding: Reversed and rendered

Additional Case Information: Topic: Attempted armed robbery - Sufficiency of evidence - Section 97-3-79 - Exhibition of deadly weapon
Dissenting Author : Griffis, J.
Dissent Joined By : Southwick, P.J.
Concurs in Result Only: Irving, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 08-17-2001
Appealed from: Jackson County Circuit Court
Judge: Dale Harkey
Disposition: CONVICTED OF ARMED ROBBERY AND SENTENCED TO A TERM OF SIX YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
District Attorney: Keith Miller
Case Number: 00-10,633(3)

  Party Name: Attorney Name:  
Appellant: Zacharia Chase Dambrell




PHILLIP BROADHEAD ROSS PARKER SIMONS FRANK HARTLEY



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART  

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Topic: Attempted armed robbery - Sufficiency of evidence - Section 97-3-79 - Exhibition of deadly weapon

Summary of the Facts: Zacharia Dambrell was convicted of attempted armed robbery. He appeals.

Summary of Opinion Analysis: Dambrell argues that the State failed to prove the exhibition of a knife. The State chose to track the language of section 97-3-79 in its indictment. By doing so, the State obligated itself to prove that Dambrell exhibited a deadly weapon to the victim, and that as a result of that exhibition, the victim was placed in fear of immediate injury to his person. Where the State has failed to establish that a weapon was exhibited, then of necessity it has also failed to establish that the victim was placed in fear of immediate injury to his person by the exhibition of a weapon. In this case, the weapon was not exhibited because the victim never saw the weapon until Dambrell had disposed of it. Since the State failed to prove that the victim was placed in immediate fear by exhibition of a deadly weapon, the conviction is reversed and rendered.


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