David v. State

GRIFFIS, J.,

for the Court.

¶ 1. Thomas David was found guilty of aggravated assault in violation of Mississippi Code Annotated section 97 — 3—7(2)(a) (Rev.2004). David argues that his case should be reversed because: (1) the trial court erred in allowing Joanne Hancock (Joanne) to testify; (2) jury instruction D-5 was denied; and (3) his sentence was excessive. We find no error and affirm.

FACTS

¶ 2. Approximately 6:00 p.m. on October 21, 2006, Will Hancock (Will) was driving his tractor down Wall Hill Road transporting hay to feed his horses. A car driven by Thomas David came up behind Hancock…