Jerry Beale, Jr. a/k/a Jerry Beale a/k/a Jerry Lee Beale a/k/a Jerry Lee Beale Junior a/k/a Jerry Lee Beale, Jr. v. State of Mississippi, 367 So.3d 159

Late June 8, 2018: Jerry Beale (sister's boyfriend) refused to leave an apartment, threatened to "light this b*tch up," and was reported as armed and intoxicated.
Police officers Hall, Fite, and Vuncannon responded; they encountered Beale shirtless with a pistol tucked in his waistband; officers drew weapons and deployed tasers.
A taser hit Beale but did not incapacitate him; Beale drew his gun and fired at the officers; three .40-caliber shell casings and Beale’s .40-caliber pistol were recovered.
Beale was indicted on three counts of attempted murder (one per officer); jury convicted him of attempted murder of Officers Hall and Fite, acquitted as to Vuncannon; sentenced to 35 years (plus post-release supervision).
Court of Appeals affirmed; Supreme Court granted certiorari to resolve whether the 2013 amendment to Miss. Code § 97-1-7 removed the overt-act requirement for attempted murder and whether jury instructions constructively amended the indictment; Supreme Court affirmed the convictions; a separate dissent would have reversed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether attempted-murder indictments must allege an overt act	Beale: indictment defective for not specifying an overt act toward commission	State: 2013 § 97-1-7(2) removed the "overt act" language for attempted murder; indictment tracking statute is sufficient	Majority: indictment sufficient; overt-act language intentionally omitted for attempted murder by statute
Whether jury instructions 8 & 9 constructively amended the indictment	Beale: instructions described an overt act and thus changed essential elements charged	State: instructions appropriate; no timely objection at trial; any variance did not materially alter elements	Court: procedurally barred (no objection) and instructions did not materially alter the indictment
Admissibility of Officer Hall’s testimony about statements to dispatch	Beale: (argued on appeal) officer’s testimony improperly allowed	State: testimony was within investigative context and properly admitted	Court of Appeals/Supreme Court: no abuse of discretion in admitting the testimony

State ex rel. Hood v. Madison Cnty. ex rel. Madison Cnty. Bd. of Supervisors, 873 So. 2d 85 (Miss. 2004) (plain-meaning rule of statutory construction)
Graham v. State, 185 So. 3d 992 (Miss. 2016) (test for constructive amendment and whether variance alters elements)
Bell v. State, 725 So. 2d 836 (Miss. 1998) (variance and elements-of-proof analysis for indictments)
Brady v. State, 337 So. 3d 218 (Miss. 2022) (standards for reviewing indictment sufficiency)
Green v. State, 269 So. 3d 75 (Miss. 2018) (elements of attempt: intent, overt/direct act, failure to consummate)
Ishee v. State, 799 So. 2d 70 (Miss. 2001) (definition of overt/direct act in attempt crimes)
Russell v. United States, 369 U.S. 749 (U.S. 1962) (indictment must descend to particulars; defendant must be informed with reasonable certainty)
Cole v. Arkansas, 333 U.S. 196 (U.S. 1948) (due-process right to notice of the specific charge)