Legal Opinion · Dissent

Maurice Townsend v. State of Mississippi

Court of Appeals of Mississippi

Decided April 12, 2016No. 2014-KA-01327-COAPublished

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

  1. Gilmer v. StateMississippi Supreme Court · 2007
  2. Nguyen v. StateMississippi Supreme Court · 2000
  3. Thomas v. StateMississippi Supreme Court · 2013
  4. Williams v. StateCourt of Appeals of Mississippi · 2014
  5. Tucker v. StateMississippi Supreme Court · 2010

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