Anthony v. State

14 Citing cases

  1. McLaughlin v. City of Canton, Miss.

    947 F. Supp. 954 (S.D. Miss. 1995)   Cited 11 times
    Finding that “The historical distinction between felonies and misdemeanors is more than semantic. Traditionally, dire sanctions have attached to felony convictions which have not attached to misdemeanor convictions. Many of these sanctions are in force today. Disenfranchisement was, and remains, one such sanction. Another such sanction is that which prohibits felons from owning or possessing firearms” and concluding that laws disenfranchising misdemeanants are subject to strict scrutiny

    Under this definition, the crime of false pretenses, as a structural whole, can only be a felony. See Anthony v. State, 349 So.2d 1066, 1067 (Miss. 1977) ("this Court has adopted the rule that when the court or the jury is given the discretion to fix punishment for an offense by imprisonment in the penitentiary or by fine or confinement in the county jail, such offense is held to be a felony regardless of the penalty actually imposed"); State v. Sansome, 133 Miss. 428, 97 So. 753, 754 (1923) ("[i]n testing an offense as to whether it is a felony or misdemeanor, the power given to imprison in the penitentiary determines it to be a felony"). Miss. Code Ann. § 97-19-67(1)(a) and (b) provide in pertinent part:

  2. State v. Hawkins

    145 So. 3d 636 (Miss. 2014)   Cited 21 times   1 Legal Analyses
    In State v. Hawkins, 145 So. 3d 636, 641 (¶12) (Miss. 2014), the supreme court reiterated that the "terms 'willfully' and 'knowingly' have substantially the same meaning in criminal statutes."

    In assault cases, the Court and the Court of Appeals have held that indictments were not defective even where words from both the simple and aggravated assault subsections were used. See Anthony v. State, 349 So.2d 1066, 1067 (Miss.1977) (defendant need only compare the indictment with the statute to know he was charged with aggravated assault rather than simple assault); Toliver v. State, 337 So.2d 1274, 1276 (Miss.1976) (it was clear that defendant was charged only with simple assault, even though indictment included language from both simple and aggravated assault subsections). See also Johnson v. State, 910 So.2d 1174, 1179 (¶ 16) (Miss.Ct.App.2005) (indictment that used “phraseology from both subsections” was not defective).

  3. State v. Hawkins

    NO. 2013-KA-00797-SCT (Miss. May. 3, 2013)

    In assault cases, the Court and the Court of Appeals have held that indictments were not defective even where words from both the simple and aggravated assault subsections were used. See Anthony v. State, 349 So. 2d 1066, 1067 (Miss. 1977) (defendant need only compare the indictment with the statute to know he was charged with aggravated assault rather than simple assault); Toliver v. State, 337 So. 2d 1274, 1276 (Miss. 1976) (it was clear that defendant was charged only with simple assault, even though indictment included language from both simple and aggravated assault subsections).

  4. Tran v. State

    2004 CT 368 (Miss. 2007)   Cited 57 times
    Finding that within the money laundering statutory scheme, the element "some unlawful activity" needed description

    1985); Hickombottom v. State, 409 So.2d 1337 (Miss. 1982); Anthony v. State, 349 So.2d 1066 (Miss. 1977); State v. Labella, 232 So.2d 354 (Miss. 1970).

  5. Stevens v. State

    1999 KA 1779 (Miss. 2002)   Cited 64 times
    Aiding-and-abetting liability established where defendant and accomplice assaulted someone and accomplice fired fatal shot

    1985) (citing Hickombottom v. State, 409 So.2d 1337 (Miss. 1982); Anthony v.State, 349 So.2d 1066 (Miss. 1977); State v. Labella, 232 So.2d 354 (Miss. 1970)).

  6. Cantrell v. State

    507 So. 2d 325 (Miss. 1987)   Cited 32 times
    In Cantrell we went on to state that bias, motive, or interest is always material and may be proven by extrinsic evidence.

    1985); Hickombottom v. State, 409 So.2d 1337 (Miss. 1982); Anthony v. State, 349 So.2d 1066 (Miss. 1977); State v. Labella, 232 So.2d 354 (Miss. 1970). We found an arguably more vague sexual battery indictment to be sufficient in Hines v. State, 472 So.2d 386, 390 (Miss.

  7. McBride v. State

    492 So. 2d 581 (Miss. 1986)   Cited 6 times

    1982); Hickombottom v. State, 409 So.2d 1337 (Miss. 1983); Anthony v. State, 349 So.2d 1066 (Miss. 1977). There is no merit to Assignment II.

  8. Ward v. State

    479 So. 2d 713 (Miss. 1985)   Cited 24 times
    Charging aggravated assault

    The general rule is that where an indictment tracks the language of a criminal statute it is sufficient to inform the accused of the charge against him. Hickombottom v. State, 409 So.2d 1337 (Miss. 1982); Anthony v. State, 349 So.2d 1066 (Miss. 1977); State v. Labella, 232 So.2d 354 (Miss. 1970). Here this indictment does so track the language of the statute in charging a completed act of aggravated assault, and this Court holds that it is sufficient.

  9. Cumbest v. State

    456 So. 2d 209 (Miss. 1984)   Cited 36 times

    The indictment gave the statute under which the defendants were charged, and followed its language, which generally is sufficient. Anthony v. State, 349 So.2d 1066 (Miss. 1977); State v. Labella, 232 So.2d 354 (Miss. 1970); Love v. State, 211 Miss. 606, 52 So.2d 470 (1951).

  10. Hickombottom v. State

    409 So. 2d 1337 (Miss. 1982)   Cited 50 times

    State v. Labella, 232 So.2d 354 (Miss. 1970); Anthony v. State, 349 So.2d 1066 (Miss. 1977). In Culberson v. State, 379 So.2d 499 (Miss.