Banks v. State

MAXWELL, J.,

for the Court:

¶ 1. Following a jury trial in the Circuit Court of Yazoo County, Daniel Banks was convicted of aggravated assault, in violation of Mississippi Code Annotated section 97-3-7(2) (Supp.2009). He was sentenced as a habitual offender to twenty years in the custody of the Mississippi Department of Corrections. Banks raises five issues on appeal. He claims the circuit court erred in (1) denying his theory-of-the-case instruction; (2) prohibiting him from impeaching a witness with evidence of bias; (3) denying a mistrial after mention of Banks’s criminal record; and (4)…