DAVID v. STATE

No. 2008-KA-01593-COA.

29 So.3d 129 (2010)

Thomas E. DAVID a/k/a Thomas Eugene David, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

March 2, 2010.


Attorney(s) appearing for the Case

B. Brennan Horan, attorney for appellant.

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

EN BANC.


GRIFFIS, J., for the Court.

¶ 1. Thomas David was found guilty of aggravated assault in violation of Mississippi Code Annotated section 97-3-7(2)(a) (Rev.2004). David argues that his case should be reversed because: (1) the trial court erred in allowing Joanne Hancock (Joanne) to testify; (2) jury instruction D-5 was denied; and (3) his sentence was excessive. We find no error and affirm.

FACTS

¶ 2. Approximately 6:00 p.m. on October 21...

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