Before Bridges, C.j., Hinkebein, And King, JJ.
The opinion of the court was delivered by: Hinkebein, J.
DATE OF JUDGMENT: March 5, 1997
TRIAL JUDGE: HON. BILLY JOE LANDRUM
COURT FROM WHICH APPEALED: JONES COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: CT I ROBBERY: CT II AGGRAVATED ASSAULT: CT I SENTENCED TO 15 YRS IN THE MDOC WITH 3 YRS SUSPENDED, 12 YRS TO SERVE; CT II SENTENCED TO 20 YRS, WITH 5 YRS SUSPENDED, 15 YRS TO SERVE IN THE MDOC FOR AN AGGREGATE TOTAL OF 27 YRS TO SERVE
¶1. Steven Paul Harrison (Harrison) was convicted March 5, 1997, in the Circuit Court of Jones County on one count of robbery and one count of aggravated assault. On Count One of robbery he was sentenced to serve fifteen years, with three years suspended. On Count Two of aggravated assault, he was sentenced to twenty years imprisonment with five years suspended, for an aggregate sentence of twenty-seven years in the custody of the Mississippi Department of Corrections. Aggrieved by his conviction, he appeals to this court on the following grounds:
"I. THE COURT ERRED IN NOT GRANTING A MISTRIAL AND STRIKING THE JURY JUDGES WHEN A JUROR RESPONDED, IN FRONT OF THE ENTIRE judges, THAT THE DEFENDANT HAD COMMITTED A CRIME AGAINST HIM.
"II. THE COURT ERRED IN NOT STRIKING THE VICTIM'S TESTIMONY REGARDING HIS WIFE'S PURSE, AS SAID TESTIMONY WAS HEARSAY.
"III. THE TRIAL COURT IMPROPERLY REFUSED A PEREMPTORY INSTRUCTION FOR APPELLANT AS TO THE CHARGE OF AGGRAVATED ASSAULT, AND THE VERDICT OF GUILTY OF AGGRAVATED ASSAULT WAS CONTRARY TO THE LAW AND AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE."
¶2. Holding these assignments of error to be without merit, we affirm the judgment of the circuit court.
¶3. On the night of October 25, 1996, Jack Wansley (Wansley) and his wife were alone in their Ellisville, Mississippi home. Mrs. Wansley was in the home office, working on some business contracts, and Mr. Wansley was in the den, talking to his son on a cordless phone. Shortly after eight o'clock, Wansley heard a knock at the back door. While still on the phone, he walked into the dining room and opened the door to a young man he later identified as Harrison. Wansley testified that Harrison pushed his way into the house and said unless he was given money, a supposed armed accomplice outside the door would "blow his f--king head off". Wansley ordered Harrison to get out of his house. In response, Harrison punched the older gentlemen in the face, propelling him across the dining room table to the floor. The force of the blow knocked out one of Wansley's teeth, cut his lip, and broke his glasses. Wansley testified that he saw Harrison grab his wife's ...