SHIELDS v. STATE

No. 97-KA-00612-SCT.

722 So.2d 584 (1998)

Clonelle SHIELDS v. STATE of Mississippi.

Supreme Court of Mississippi.

October 15, 1998.


Attorney(s) appearing for the Case

Richard Flood, Ridgeland, Attorney for Appellant.

Office of the Attorney General by Dewitt T. Allred, III, Attorney for Appellee.

En Banc.


WALLER, Justice, for the Court:

INTRODUCTION

¶ 1. Clonelle Shields, "a.k.a. Stank", was indicted and found guilty of aggravated assault. The evidence demonstrated only simple assault; but, Shields was not indicted for simple assault, nor was the jury instructed on simple assault. The State concedes that the trial judge erred and argues that the case should be remanded for a trial on the simple assault charge. Shields contends that the proper...

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