BANKS v. STATE

No. 2008-KA-01523-COA.

45 So.3d 676 (2010)

Daniel BANKS a/k/a Danny Banks, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied June 29, 2010.

Certiorari Denied October 14, 2010.


Attorney(s) appearing for the Case

Imhotep Alkebu-Lan , attorney for appellant.

Office of the Attorney General by Laura Hogan Tedder , attorney for appellee.

Before KING, C.J., ISHEE and MAXWELL, JJ.


MAXWELL, J., for the Court:

¶ 1. Following a jury trial in the Circuit Court of Yazoo County, Daniel Banks was convicted of aggravated assault, in violation of Mississippi Code Annotated section 97-3-7(2) (Supp.2009). He was sentenced as a habitual offender to twenty years in the custody of the Mississippi Department of Corrections. Banks raises five issues on appeal. He claims the circuit court erred in (1) denying his theory-of-the-case instruction; (2) prohibiting...

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