Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Porter v. State

March 18, 1999

CHARLES HOLT PORTER
v.
STATE OF MISSISSIPPI



The opinion of the court was delivered by: Prather, Chief Justice

DATE OF JUDGMENT: 02/27/97

TRIAL JUDGE: HON. LEE J. HOWARD

COURT FROM WHICH APPEALED: LOWNDES COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

DISPOSITION: REVERSED AND REMANDED - 3/18/1999

EN BANC.

I. STATEMENT OF THE CASE

¶1. Charles Holt Porter was tried in the Lowndes County Circuit Court and convicted of possession of a firearm by a felon. He was sentenced to three years in prison, fined $3,000.00, and ordered to pay all court costs. Porter appeals the conviction, in forma pauperis, and raises the following issues for consideration by this Court:

A. Whether the trial court erred in accepting the State's challenge to venire members over the Batson objection of the defendant?

B. Whether the trial court erred in allowing the State to question the defendant's witnesses about previous crimes alleged against the defendant not in evidence?

C. Whether the trial court erred in allowing the State to amend its indictment after the close of its case-in-chief?

D. Whether the trial court erred in refusing to allow the defendant a new trial after the introduction of new evidence?

ΒΆ2. This Court finds that Issue B has merit. That is, the State should not have been allowed to question defense witnesses about other charges against Porter. Accordingly, this case is reversed and remanded for a new trial on the indictment, as amended. The other issues ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.