GIBSON v. STATE

No. 92-KA-00166-SCT.

660 So.2d 1268 (1995)

Jerome GIBSON v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied September 28, 1995.


Attorney(s) appearing for the Case

William M. Frisbie, Kiln, for appellant.

Michael C. Moore, Atty. Gen., Jackson, Wayne Snuggs, Asst. Atty. Gen., Jackson, for appellee.

En Banc.


BANKS, Justice, for the Court:

In this case we address the question of whether the mere pointing of a firearm constitutes attempt under Mississippi's aggravated assault statute. We hold that it does not. Because the evidence adduced at trial supports a conviction for simple assault of a police officer rather than aggravated assault, we reverse and remand for sentencing consistent with the simple assault statute.

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