Bolton v. State
113 So. 3d 542
| Miss. | 2013Background
- Bolton charged with burglary of a dwelling in 2010 and convicted in Hinds County Circuit Court to 20 years.
- Indictment originally charged breaking and entering a dwelling with intent to commit larceny.
- At trial, jury instructed on burglary and trespassing; instruction allowed conviction if intent to commit any crime inside the dwelling.
- Bolton did not object to the jury instructions at trial.
- Court of Appeals held instructions were sufficient; Daniels v. State later held intent to commit a specific crime must be proven.
- Court vacated denial of Bolton’s certiorari and remanded for proceedings consistent with Daniels; verdict reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the burglary instruction require proof of intent to commit a specific crime? | Bolton. | State. | Yes; instruction flawed, must prove specific intent. |
| Is failure to object to the instruction plain error under Daniels? | Bolton. | State. | Yes; it constitutes plain error requiring reversal. |
Key Cases Cited
- Daniels v. State, 107 So.3d 961 (Miss. 2013) (must prove intent to commit a specific crime as second element)
- Rogers v. State, 95 So.3d 623 (Miss. 2012) (plain error standard for instructional omissions)
- Berry v. State, 728 So.2d 568 (Miss. 1999) (plain error for missing essential elements)