Legal Opinion · Concurrence

Irons v. State

Court of Appeals of Mississippi

Decided April 6, 2004No. 2002-KA-01366-COAPublished

1ConcurrenceMcMILLIN, C.J.

¶26. I concur in the decision of the majority to affirm this conviction. However, it is my view that the majority’s analysis regarding the court-ordered amendment to the indictment does not fully address the legal issues raised in this appeal. I would conclude that the amendment was allowed in error but that, on the particular facts of this case, the error was harmless.

¶ 27. First, it must be observed that the legislative practice of defining criminal conduct in this state, insofar as attempts at criminal behavior are concerned, takes two different directions. In one instance, the State…

2Cases cited2 opinions

  1. Hughes v. StateMississippi Supreme Court · 1976
  2. Stevens v. StateCourt of Appeals of Mississippi · 2003

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