Abernathy v. State

PIERCE, Justice,

for the Court:

¶ 1. This appeal comes to this Court from the Rankin County Circuit Court’s denial of David Abernathy’s Motion for Judgment of Acquittal Notwithstanding the Verdict and, in the alternative, Motion for a New Trial.

FACTS AND PROCEEDINGS BELOW

¶ 2. On August 24, 2006, David Abernathy was indicted for the felony offense of sexual battery in violation of Mississippi Code Section 97-3-95(l)(a) (Rev.2006). Abernathy waived arraignment and entered his plea of not guilty the same day.

¶ 3. These charges arose from an incident that occurred on September 6, 2005, in the home…