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Thornton v. State

June 30, 1998

THORNTON
v.
STATE



Before Thomas, P.j., Diaz, And Herring, JJ.

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

LEAMON THORNTON, 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: 11/08/96

TRIAL JUDGE: HON. ELZY JONATHAN SMITH, JR.

COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT

BY: PAT S. FLYNN

DISTRICT ATTORNEY: LAURENCE Y. MELLEN

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: AGGRAVATED ASSAULT: SENTENCED TO SERVE A TERM OF 20 YRS IN THE MDOC; MAKE FULL RESTITUTION TO THE VICTIM IN AMOUNT OF $39,570.18 AND ALL COSTS OF COURT; SENTENCE TO RUN CONSECUTIVE TO ANY PREVIOUSLY IMPOSED

Leamon Thornton was convicted of aggravated assault and now perfects his appeal to this Court arguing that the evidence presented at trial was insufficient to support a conviction and that his conviction was against the overwhelming weight of the evidence. Finding his argument without merit, we affirm.

FACTS

On June 2, 1996, Leamon Thornton entered Tidell Simpson's home in Cleveland, Mississippi, and initiated an altercation with Simpson. As the two men argued, Thornton reached for his gun and repeatedly fired at Simpson until there were no bullets left in the chamber. A neighbor, who had heard the commotion from outside Simpson's house, saw Simpson stumble out of the house. She immediately came to Simpson's aid and rushed him to the hospital where he was treated for his injuries. Thornton was subsequently ...


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