Phillipson v. State

943 So.2d 670 (2006)

Joshua PHILLIPSON

v.

STATE of Mississippi.

No. 2005-KA-02345-SCT.

Supreme Court of Mississippi.

November 30, 2006.

Dan W. Duggan, Jr., Brandon, attorney for appellant.

Office of the Attorney General by Billy L. Gore, attorney for appellee.

Before WALLER, P.J., DIAZ and DICKINSON, JJ.

DIAZ, Justice, for the Court.

¶ 1. This case presents the question of whether a defendant accused of statutory rape is entitled to a lesser-included jury instruction regarding fornication. Because fornication is not a lesser-included crime of statutory rape, we affirm the ruling of the trial court to…