108 So. 3d 456
Miss. Ct. App.2012Background
- Sellers was convicted in Rankin County of aggravated assault for choking Brown with his hands until she almost passed out.
- Sellers argues the evidence is insufficient to sustain the aggravated-assault conviction.
- The State contends the choke hold was a means likely to produce death or serious bodily harm, satisfying §97-3-7(2).
- Sellers disputed the State’s witnesses; the defense claimed Brown’s injuries were not serious.
- The jury was instructed that choking Brown until nearly passing out could constitute aggravated assault; the circuit court sentenced Sellers to 20 years.
- Sellers appeals the denial of his motion for a judgment notwithstanding the verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports aggravated assault | Sellers argues insufficiency; no serious bodily injury. | Sellers asserts choking was not a means likely to produce serious harm. | Evidence suffices; conviction affirmed. |
Key Cases Cited
- Bush v. State, 895 So.2d 836 (Miss. 2005) (sufficiency standard for reviewing criminal convictions)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (constitutional standard for evidence sufficiency)
- Jackson v. State, 594 So.2d 20 (Miss. 1992) (hands/arms as means likely to produce serious harm)