Maurice Townsend v. State of Mississippi
Court of Appeals of Mississippi
1DissentJames, J.
¶ 24. I respectfully dissent, Townsend’s indictment omitted an essential element of the crime of aggravated assault of a law-enforcement officer in violation of Mississippi Code Annotated section 97-3-7(2) (Supp.2011). Due to. this error, the indictment was insufficient to charge Townsend for that crime, Accordingly, I would reverse and remand with instructions consistent with this opinion.
DISCUSSION
¶ 25. The question of whether an-indictment is fatally defective is an issue of law and deserves a relatively broad standard of review. Tucker v. State, 47 So.3d 135, 137 (¶ 8) (Miss.2010) (citing…
2Cases cited10 opinions
- Gilmer v. StateMississippi Supreme Court · 2007
- Nguyen v. StateMississippi Supreme Court · 2000
- Thomas v. StateMississippi Supreme Court · 2013
- Williams v. StateCourt of Appeals of Mississippi · 2014
- Tucker v. StateMississippi Supreme Court · 2010
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