Legal Opinion · Concurrence

Shaw v. State

Court of Appeals of Mississippi

Decided October 8, 2013No. 2011-KA-01536-COAPublished

1Concurrence

CARLTON, J.,

specially concurring:

¶ 48. I concur with the decision of the majority. I submit that the record contains sufficient evidence from which the jury could find beyond a reasonable doubt that Shaw committed aggravated assault by using his teeth to tear off a portion of Killingsworth’s ear. See Williams v. State, 94 So.3d 324, 329-30 (¶ 20) (Miss.Ct.App.2011). Under the applicable standard of review, the evidence in the record is sufficient, and logical inferences may be drawn therefrom, for the jury to conclude that Shaw — not Killingsworth — acted as the initial aggressor in the…

2Cases cited16 opinions

  1. Jackson v. StateMississippi Supreme Court · 1992
  2. Manuel v. StateMississippi Supreme Court · 1995
  3. Wales v. StateMississippi Supreme Court · 2011
  4. O'FLYNN v. Owens-Corning FiberglasCourt of Appeals of Mississippi · 2000
  5. Johnson v. StateMississippi Supreme Court · 1970

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