Legal Opinion · Concurring in part, dissenting in part

Kenny Stewart v. State of Mississippi

Court of Appeals of Mississippi

Decided February 7, 2017No. 2014-KA-01520-COAPublished

1Concurring in part, dissenting in part

CARLTON, J„

CONCURRING IN' PART AND DISSENTING IN PART:

¶ 22.1 concur in part and dissent in part because I would affirm both of Stewart’s convictions and the judgment of the trial court. I concur with the majority in affirming Stewart’s conviction in Count'I of his indictment for the charge of sexual battery. I however dissent from the decision of the majority to reverse Stewart’s conviction for molestation of a child under the age of sixteen. See Miss. Code Ann. § 97-5-23 (Rev. 2014). The majority reverses and renders Stewart’s conviction in Count II of his indictment for molestation after…

2Cases cited10 opinions

  1. Price v. StateMississippi Supreme Court · 2005
  2. Berry v. StateMississippi Supreme Court · 2008
  3. Shirley Warren v. State of MississippiMississippi Supreme Court · 2016
  4. Nix v. StateMississippi Supreme Court · 2009
  5. Henley v. StateMississippi Supreme Court · 2014

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