Dambrell v. State
Docket Number: | 2002-KA-01260-COA Linked Case(s): 2002-KA-01260-COA2002-CT-01260-SCT2002-CT-01260-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 05-25-2004 Holding: Reversed and rendered |
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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 |
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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 |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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: | 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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