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[T] Martin v. State

May 12, 1998

JAMES G. MARTIN A/K/A JAMES MARTIN, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before McMILLIN, P.j., Diaz, And King, JJ.

The opinion of the court was delivered by: Diaz, J., For The Court:

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 10/06/93

TRIAL JUDGE: HON. BARRY W. FORD

COURT FROM WHICH APPEALED: ALCORN COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CT II, CT III & CT IV AGGRAVATED ASSAULT: CT II 20 YRS; CT III 1 YR CONSECUTIVE CT II; CT IV 1 YR CONSECUTIVE CT II & CT III; PAY ALL COURT COSTS; PAY RESTITUTION FOR ALL HOSPITAL AND MEDICAL EXPENSES

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

James Martin was tried on one count of burglary and three counts of aggravated assault. Following a conviction on the three aggravated assault counts, Martin appeals to this Court alleging that his right to cross-examine a witness was violated. Finding his argument without merit, we affirm.

FACTS

On January 12, 1993, James Martin went to his girlfriend, Pam Scoggins's, home, where he encountered another man, Larry Bond, in her bedroom. According to Bond, Martin kicked in the front door of Scoggins's home, pointed a gun at him, and pulled the trigger--wounding Bond in the shoulder. Scoggins's neighbors, Robert Smith and Brenda Gillies, who witnessed the incident from outside Scoggins's home, testified that Martin also aimed his gun at them and threatened to kill Gillies if she called the police. Martin was subsequently arrested and charged with the burglary of Scoggins's home and the aggravated assault of Bond, Smith, and Gillies. Following a trial ...


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