Thomas v. State
126 So. 3d 877
| Miss. | 2013Background
- Thomas was convicted of aggravated assault (Count I) and being a felon in possession of a weapon (Count II).
- He was sentenced to two consecutive life terms without parole as an habitual offender.
- The Court of Appeals affirmed both convictions; this Court granted certiorari limited to Count II.
- Count II charged possession of a knife by a felon; statute 97-37-5 restricts possession to specific prohibited knives.
- The indictment alleged possession of 'a knife' with prior felony status, but did not specify which prohibited knife.
- The Court held that Count II failed to charge an essential element, rendering it void and requiring reversal and dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Count II charge the crime under MS law? | Thomas argued the indictment failed to specify the prohibited knife type. | The State contended possession of a knife as a felon was a crime under the statute. | Count II is void for failure to charge an essential element. |
| Is failure to charge an essential element a plain error requiring dismissal? | Indictment provided notice of a felon in possession issue. | Any error should be preserved to receive proper review. | Constitutional notice requires dismissal of Count II. |
Key Cases Cited
- Peterson v. State, 671 So.2d 647 (Miss. 1996) (indictment must charge all essential elements)
- Spears v. State, 175 So.2d 161-62 (Miss. 1965) (indictment must charge essential elements of statutory crime)
- Burchfield v. State, 277 So.2d 623 (Miss. 1973) (indictment that does not allege offense may be void)