Legal Opinion · Dissent

James Howard Wordlaw v. State of Mississippi

Court of Appeals of Mississippi

Decided May 2, 2017No. 2015-KA-01210-COAPublished

1DissentCarlton, J.

¶ 17. I respectfully dissent from the majority’s opinion, and I would find any error to be harmless consistent with the holdings in Jones v. State, 164 So.3d 1009, 1014 (¶ 12) (Miss. Ct. App. 2013),1 and Rooks v. State, 529 So.2d 546, 556 (Miss. 1988).

¶ 18. In Jones, this Court found no prejudice or plain error where the trial court gave a jury instruction for sexual battery of a child under the age of fourteen years that failed to include that the defendant was twenty-four or more months older than the child. Jones, 164 So.3d at 1014 (¶ 13). In so finding, this Court explained that the jury…

2Cases cited5 opinions

  1. Berry v. StateMississippi Supreme Court · 1999
  2. Rooks v. StateMississippi Supreme Court · 1988
  3. Rogers v. StateMississippi Supreme Court · 2012
  4. Boyd v. StateMississippi Supreme Court · 2010
  5. Jones v. StateCourt of Appeals of Mississippi · 2013

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