Brown v. State, No. 1999-KA-00828-COA.
| Decision Date | 27 June 2000 |
| Docket Number | No. 1999-KA-00828-COA. |
| Citation | 763 So.2d 207 |
| Parties | James BROWN a/k/a James Lee Brown, Appellant, v. STATE of Mississippi, Appellee. |
| Court | Mississippi Court of Appeals |
Edward C. Fenwick, Kosciusko, Attorney for Appellant.
Office of the Attorney General by Deirdre McCrory, Attorney for Appellee.
BEFORE McMILLIN, C.J., LEE, AND THOMAS, JJ.
McMILLIN, C.J., for the Court:
¶ 1. James Brown was convicted by a jury in the Circuit Court of Attala County of aggravated assault for his attempt to injure his former girlfriend, Sylvia Snow, by firing a handgun in her direction. He has appealed that conviction to this Court claiming that the State's evidence was insufficient, as a matter of law, to support the conviction. Alternatively, Brown claims that the verdict of guilty was against the weight of the evidence. We find no merit in these issues and affirm the conviction.
I.
Facts
¶ 2. The State's version of events was related by two eyewitnesses to the incident: Adolph Carter and the alleged victim, Sylvia Snow. According to these witnesses, Brown came to Carter's residence in Attala County asking to speak to Snow, who had, subsequent to her break-up with Brown, formed a romantic relationship with Carter. Though Snow was at the residence at the time, Brown was turned away by Carter, who informed Brown that Snow had no desire to converse with him. Shortly thereafter, Carter and Snow departed the residence in Snow's vehicle. Snow was driving. As the vehicle was leaving the subdivision, Brown entered in his own vehicle and rammed into Snow's vehicle, causing both cars to stop in the roadway. Brown exited his car, armed with a pistol. Carter did the same, armed with a handgun that belonged to Snow. After a brief verbal exchange, Brown and Carter both re-entered their vehicles. However, as Snow proceeded past Brown's vehicle, Brown fired two shots, both of which struck Snow's vehicle on the driver's side. One of the bullets shattered the driver's side window and a bullet fragment lodged in the vehicle's dashboard. Neither Snow nor Carter were struck by either bullet.
¶ 3. Brown testified in his own defense and related a version of events that, in its early stages, was not substantially at odds with the State's version until the time both antagonists re-entered their vehicles. At that point, Brown claimed that Carter continued to brandish his weapon towards him in a menacing way and that Snow and Carter both leaned forward in the vehicle, causing him to fear that they were clearing the way for Carter to fire his weapon at Brown. Brown claimed that only then did he fire his weapon one time in the general direction of the other vehicle solely in self defense in an effort to divert Carter's preparations to shoot. When confronted on cross-examination with the fact that the evidence was conclusive that Snow's car had been struck by two bullets, Brown was unable to offer any explanation for that fact.
II.
The Sufficiency of the Evidence
¶ 4. The crime of aggravated assault is complete when a person wilfully attempts to cause bodily injury to another with a deadly weapon. Miss.Code Ann. § 97-3-7(2) (Supp.1999). When this Court is called upon to review the sufficiency of the evidence, we are obligated to view the evidence in the light most favorable to the State. McClain v. State, 625 So.2d 774, 778 (Miss.1993). Only if we are satisfied that, viewing all the evidence in that light, no reasonable juror could conclude that all of the elements of the crime had been proven beyond a reasonable doubt may we intercede and set aside the verdict. Id. We must also be mindful, in our review of the evidence, that it is the jury's duty, and not the trial court's or this Court's, to weigh the credibility of the witnesses and resolve disputed issues of material fact on that basis. Id.
¶ 5. In this case, two eyewitnesses related events that show that Brown, at a time when he was not threatened with any imminent physical harm, purposely discharged a firearm in the direction of ...
To continue reading
Request your trial
-
Rambus v. State
... ... The issue of credibility is for the jury to decide, and in this case they found against Rambus. Brown v. State, 763 So.2d 207 (¶ 4) (Miss.Ct.App.2000). There was no abuse of discretion present in this case because the verdict was supported by the ... ...
-
Harris v. State, 2003-KA-01412-COA.
...crime of aggravated assault is complete when a person willfully attempts to cause bodily injury to another with a deadly weapon." Brown v. State, 763 So.2d 207, 209(¶ 4) (Miss.Ct.App.2000). Since injuries having been proved and the jury construed the evidence against David, we do not find t......
-
Ortman v. Cain
... ... State, 726 So.2d 1267, 1274 (¶ 25) (Miss.Ct.App.1998) ... ¶ 5. The standard of review ... Brown v. State, 763 So.2d 207 (¶ 4) (Miss.Ct.App.2000). That is what the jury did in this case, and we ... ...
-
Doolie v. State, 2002-KA-00792-COA.
...Therefore, this Court cannot hold that a manifest miscarriage of justice would occur by permitting the verdict to stand. Brown v. State, 763 So.2d 207, 209(¶ 6) (Miss.Ct.App.2000). We find this assignment of error to be without 2. Whether the court erred in admitting the justice court recor......