simple assault instruction in Mississippi

2021Id. at 246 (¶13). ¶38.

2009See Odom v. State, 767 So.2d 242, 246 (¶ 13) (Miss.Ct.App.2000) (proper to give a simple assault instruction when the defendant presented a witness who testified that the victim’s injuries were not serious).

2007We begin our analysis of this issue by observing that a defendant has an absolute right to have the jury instructed on lesser-included offenses if the evidence supports such an instruction, and there is "reversible error in not giving the lesser-included offense instruction." Fairchild v. State, 459 So.2d 793, 801 (Miss.1984) ( citing Lanier v. State, 450 So.2d 69, 80 (Miss.1984)). ¶ 23.

2005We begin our analysis of this issue by observing that a defendant has an absolute right to have the jury instructed on lesser-included offenses if the evidence supports such an instruction, and there is “reversible error in not giving the lesser-included offense 9 instruction.” Fairchild v. State, 459 So. 2d 793, 801 (Miss. 1984) (citing Lanier v. State, 450 So. 2d 69, 80 (Miss. 1984)). ¶23.

2007We begin our analysis of this issue by observing that a defendant has an absolute right to have the jury instructed on lesser-included offenses if the evidence supports such an instruction, and there is "reversible error in not giving the lesser-included offense instruction." Fairchild v. State, 459 So.2d 793, 801 (Miss.1984) ( citing Lanier v. State, 450 So.2d 69, 80 (Miss.1984)). ¶ 23.

2005We begin our analysis of this issue by observing that a defendant has an absolute right to have the jury instructed on lesser-included offenses if the evidence supports such an instruction, and there is “reversible error in not giving the lesser-included offense 9 instruction.” Fairchild v. State, 459 So. 2d 793, 801 (Miss. 1984) (citing Lanier v. State, 450 So. 2d 69, 80 (Miss. 1984)). ¶23.

2001See Ormond v. State, 599 So.2d 951, 960 (Miss.1992). ¶ 24.

2000See Ormond v. State, 599 So.2d 951, 960 (Miss. 1992). ¶24.

2000Harbin v. State, 478 So.2d 796, 799 (Miss.1985). ¶ 13.

1993The supreme court has held that the test of whether the simple assault instruction should be given under an indictment for aggravated assault "is whether there was evidence in the record so that a reasonable juror could have concluded that the accused was guilty of simple assault." Harbin v. State, 478 So. 2d 796, 798 (Miss. 1985).

1992See Taylor v. State, 577 So.2d at 383-84 ; Mackbee v. State, 575 So.2d at 23 ; Boyd v. State, 557 So.2d 1178, 1182 (Miss.1990).

1992See Taylor v. State, 577 So.2d at 383-84 ; Mackbee v. State, 575 So.2d at 23 ; Boyd v. State, 557 So.2d 1178, 1182 (Miss. 1990).

1992See Taylor v. State, 577 So.2d at 383-84 ; Mackbee v. State, 575 So.2d at 23 ; Boyd v. State, 557 So.2d 1178, 1182 (Miss.1990).

1992See Taylor v. State, 577 So.2d at 383-84 ; Mackbee v. State, 575 So.2d at 23 ; Boyd v. State, 557 So.2d 1178, 1182 (Miss. 1990).

2015Griffin thus waived any inadequacy in the indictment.” Griffin, 533 So.2d at 448, n. 2 .

2012Id. at 448 .

2024See Sheffield v. State, 64 So. 3d 529, 533 (¶9) (Miss.

2019Ct. App. 2005) (finding evidentiary support in the record for a simple assault instruction where no deadly weapon was offered into evidence and the defendant testified that the victim “was cut by a broken baseball trophy while they fought, rather than purposefully cut by the defendant with a razor”); see generally Anderson v. State, 102 So. 3d 304, 310 (¶21) (Miss.

2010“While this Court may consider the merits of a claim of ineffective assistance of counsel raised for the first time on direct appeal, it is unusual to do so because ‘[w]e are limited to the trial court record in our review of the claim and there is usually insufficient evidence within the record to evaluate the claim.’” Wynn v. State, 964 So.2d 1196, 1200 (¶ 9) (Miss.Ct.App.2007) (quoting Wilcher v. State, 863 So.2d 776, 825 (¶ 171) (Miss.2003)).

2010“While this Court may consider the merits of a claim of ineffective assistance of counsel raised for the first time on direct appeal, it is unusual to do so because ‘[w]e are limited to the trial court record in our review of the claim and there is usually insufficient evidence within the record to evaluate the claim.’” Wynn v. State, 964 So.2d 1196, 1200 (¶ 9) (Miss.Ct.App.2007) (quoting Wilcher v. State, 863 So.2d 776, 825 (¶ 171) (Miss.2003)).

2009See Brown v. State, 934 So.2d 1039, 1043 (¶¶ 11-12) (Miss.Ct.App.2006) (severity of a broken jaw and the necessary treatment did not allow for a simple assault instruction).

2000Jackson v. State, 684 So.2d 1213, 1230 (Miss.1996).

1991In Updyke v. State, 501 So.2d 566, 567-68 (Ala.Crim.App.1986) cert. denied, 501 So.2d 566 (Ala.1987), the Alabama Court of Criminal Appeals held a child abuse defendant, accused of beating his son with a wet belt, entitled to a simple-assault instruction as it would be possible, under the applicable statutes 2 , for the jury to find the defendant guilty of simple assault and innocent of child abuse.

1991In Updyke v. State, 501 So.2d 566, 567-68 (Ala.Crim.App.1986) cert. denied, 501 So.2d 566 (Ala.1987), the Alabama Court of Criminal Appeals held a child abuse defendant, accused of beating his son with a wet belt, entitled to a simple-assault instruction as it would be possible, under the applicable statutes 2 , for the jury to find the defendant guilty of simple assault and innocent of child abuse.

1990This Court has held that a lesser included offense instruction should be denied only when "the evidence could only justify a conviction on the principle [sic] charge." Lee v. State, 469 So.2d 1225, 1231 (Miss. 1984); Ruffin v. State, 444 So.2d 839, 840 (Miss. 1984).

1990This Court has held that a lesser included offense instruction should be denied only when "the evidence could only justify a conviction on the principle [sic] charge." Lee v. State, 469 So.2d 1225, 1231 (Miss. 1984); Ruffin v. State, 444 So.2d 839, 840 (Miss. 1984).