Jackson v. State
2012 Miss. LEXIS 306
| Miss. | 2012Background
- Jackson was convicted of house burglary and sentenced to 25 years as a habitual offender in Hinds County Circuit Court.
- The offense arose from a burglary at the Lotts’ home (and a guest house) on April 27, 2009.
- Indicted October 2, 2009, the State presented ten witnesses and thirty exhibits at trial; Jackson offered no evidence.
- The jury found burglary with intent to commit larceny inside the home; the court denied a proposed trespass instruction (D-3) and sentenced Jackson as a habitual offender.
- Jackson challenged sufficiency of the evidence, the denial of the trespass instruction, and the denials of directed-verdict/judgment-notwithstanding-the-verdict motions.
- Trial occurred October 2010 with Judge W. Swan Yerger presiding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves intent to commit larceny inside the home | Jackson | Jackson | Evidence sufficient to prove intent to commit larceny inside the home |
| Whether the court erred in denying the trespass instruction D-3 | Jackson sought trespass instruction | State argued no lesser offense warranted | No error; no reasonable jury could convict only of trespass; instruction denied |
| Whether denial of motions for directed verdict/JNOV and weight of the evidence support conviction | Jackson contesting sufficiency and weight | Evidence adequate and weights favor the verdict | Conviction sustained; no reversible error on these motions; verdict not against weight of the evidence |
Key Cases Cited
- Brown v. State, 799 So.2d 870 (Miss.2001) (use of presumptions against nighttime enterings to infer criminal intent)
- Harper v. State, 478 So.2d 1017 (Miss.1985) (standard for lesser-included-offense instructions)
- Warren v. State, 709 So.2d 415 (Miss.1998) (reverses where lesser offense instruction warranted for trespass)
- Alford v. State, 656 So.2d 1186 (Miss.1995) (fact-specific discussion on lesser-included trespass instruction in burglary case)
- Croft v. State, 992 So.2d 1151 (Miss.2008) (intent as an issue of fact; circumstantial evidence allowed)