Legal Opinion · Concurring in part, dissenting in part

Detrick Dewayne Harris v. State of Mississippi

Court of Appeals of Mississippi

Decided September 9, 2014No. 2012-KA-01044-COAPublished

1Concurring in part, dissenting in partCarlton, J.

¶ 13. I dissent in part and concur in part with the majority’s opinion because I would affirm Harris’s convictions for armed robbery and possession of a weapon by a convicted felon.1 I respectfully submit that the circuit court properly instructed the jury regarding the determination of whether Harris possessed a butcher knife since such a determination constitutes a question of fact.2 In addition, the record contains sufficient evidence to support the circuit court’s submission of both Harris’s armed-robbery offense and his offense for possession of a weapon by a convicted felon to the jury…

2Cases cited5 opinions

  1. Byrom v. StateMississippi Supreme Court · 2003
  2. Newell v. StateMississippi Supreme Court · 2010
  3. Hooker v. StateMississippi Supreme Court · 1998
  4. Buchanan v. StateCourt of Appeals of Mississippi · 2011
  5. Summerall v. StateCourt of Appeals of Mississippi · 2010

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