BOYD v. STATE

No. 2009-KA-00918-SCT.

47 So.3d 121 (2010)

James Earl BOYD v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied November 18, 2010.


Attorney(s) appearing for the Case

Office of Indigent Appeals by W. Daniel Hinchcliff , Leslie S. Lee , Jackson, attorneys for appellant.

Office of the Attorney General by Stephanie Breland Wood , attorney for appellee.

Before WALLER, C.J., LAMAR and PIERCE, JJ.


PIERCE, Justice, for the Court:

¶ 1. This case comes before the Court on appeal from the Lowndes County Circuit Court. The jury convicted James Earl Boyd of aggravated assault pursuant to Mississippi Code Section 97-3-7, and the trial court sentenced Boyd to a term of twenty years. Boyd filed this timely appeal, and argues that the trial court erred in failing to instruct the jury that, in an aggravated-assault prosecution it must find that the instrument used...

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