The opinion of the court was delivered by: Bridges, C.j
ERIC JONES, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND
MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
DATE OF JUDGMENT: 02/20/96
TRIAL JUDGE: HON. SHIRLEY C. BYERS
COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: CONVICTED OF AGGRAVATED ASSAULT; SENTENCED TO TEN YEARS IN MDOC
DISPOSITION AFFIRMED - 3/10/98
Eric Jones was convicted in the Circuit Court of Sunflower County on February 20, 1996 of aggravated assault and was sentenced to serve a term of ten years in the custody of the Mississippi Department of Corrections. Aggrieved, Jones appeals raising the following issues: (1) that the court erred by denying his motion to dismiss the indictment, (2) that the conflicting and contradictory testimony of the State's witnesses was insufficient to support the jury's verdict, and (3) that the court erred in denying his motion for a new trial. Finding no merit to the issues raised by Jones, we affirm the jury's verdict.
On February 14, 1995, Marcus Taylor, an inmate and member of a gang called the Bloods, was transferred to another unit in the correctional facility. Taylor testified that after being transferred, he was approached by Manuel Torres and Eric Jones, a/k/a Schoolboy, both members of the Gangsters, and was told "[O]ne of your brothers killed my brother." It seems that a few days before Valentine's Day, another inmate, who was also a member of the Gangsters, was killed by a member of the Bloods. Taylor testified that a fight ensued between the two, and that other inmates became involved in the fight, including Jones. Taylor testified that Jones stabbed and cut him in several places with a homemade knife known as a "shank." Guards eventually broke up the fight, and an ambulance was called for Taylor. The jury found Jones guilty of the crime of aggravated assault, and he was sentenced to serve a term of ten years in the custody of the Mississippi Department of Corrections.
ARGUMENT AND DISCUSSION OF LAW
I. WHETHER THE COURT ERRED IN DENYING THE DEFENDANT'S MOTION TO ...