EDWARDS v. STATE

No. 2012-KM-00386-COA.

124 So.3d 105 (2013)

Joseph EDWARDS a/k/a Joey Edwards a/k/a Joey A. Edwards a/k/a Joseph A. Edwards, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

October 22, 2013.


Attorney(s) appearing for the Case

Jim Waide , Rachel Pierce Waide , Tupelo, attorneys for appellant.

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

Before IRVING, P.J., BARNES and MAXWELL, JJ.


MAXWELL, J., for the Court:

¶ 1. At the close of Joseph Edwards's trial for simple assault on a law enforcement officer, the State — over Edwards's objection — requested and was granted an instruction on misdemeanor resisting arrest as a lesser-included offense. Edwards was convicted of resisting arrest and, on appeal, argues the judge erred in giving what was actually a lesser-non-included offense instruction — which the State is...

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