Legal Opinion · Dissent

Shalonda Nikkia Vale v. State of Mississippi

Court of Appeals of Mississippi

Decided August 29, 2017No. 2016–KA–00914–COAPublished

1Dissent

LEE, C.J., DISSENTING:

¶ 21. I disagree with the majority's opinion that Vale's indictment was fatally defective for failure to use the word "intent." The indictment substantially described the offense and fully informed Vale that she was charged with burglary in violation of Mississippi Code Annotated section 97-17-23 (Rev. 2014)-which expressly contains the element of intent. Therefore, the element of intent was set forth in Vale's indictment. Thus, I respectfully dissent.

¶ 22. Mississippi law provides that an indictment "shall be a plain, concise, and definite written statement of the…

2Cases cited9 opinions

  1. Medina v. StateMississippi Supreme Court · 1996
  2. Shirley Warren v. State of MississippiMississippi Supreme Court · 2016
  3. Sanderson v. StateMississippi Supreme Court · 2004
  4. Williams v. StateCourt of Appeals of Mississippi · 2014
  5. Dixon v. StateMississippi Supreme Court · 1970

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