Home/Mississippi Supreme Court/Anderson v. State

Anderson v. State

290 So. 2d 628
Mississippi Supreme Court·Decided February 18, 1974·No. 47703·Published·Cited by 19 cases

Opinion

290 So.2d 628 (1974)

William E. ANDERSON
v.
STATE of Mississippi.

No. 47703.

Supreme Court of Mississippi.

February 18, 1974.

Pittman, Pittman & Pittman, Jon Mark Weathers, Hattiesburg, for appellant.

A.F. Summer, Atty. Gen. by Billy L. Gore, Sp. Asst. Atty. Gen., Jackson, for appellee.

GILLESPIE, Chief Justice:

Defendant appeals from a judgment of the Circuit Court of Forrest County convicting him of burglary with a sentence of imprisonment in the penitentiary for ten years.

Viewed in the light most favorable to the state, we find that the evidence failed to show that defendant was guilty of any greater crime than trespass. Detailing the evidence would serve no useful purpose since a case with this unique set of circumstances is not likely to arise again. It is sufficient to say that the proof does show conclusively that defendant was guilty of trespass. The conviction of burglary is reversed, and defendant is discharged on that charge.

Trespass is necessarily a component of every burglary. Implicit in the verdict finding defendant guilty of burglary *629 is the finding that he was guilty of the constituent offense of trespass, Section 97-17-87, Mississippi Code Annotated (1972). Inasmuch as the jury has found the defendant guilty of the greater crime, and the evidence of defendant's guilt of trespass is conclusive, the judgment is affirmed as a conviction of trespass, and the case is remanded for sentencing on that charge. See Washington v. State, 222 Miss. 782, 77 So.2d 260 (1955).

Reversed in part, affirmed in part, and remanded for sentence.

SMITH, ROBERTSON, WALKER and BROOM, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Anderson v. State, 290 So. 2d 628 (Mich. 1974).

290 So. 2d 628 (Anderson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Derrick Chatman v. State of Mississippi
Mississippi Supreme Court, 2024
Jackson v. State
90 So. 3d 597 (Mississippi Supreme Court, 2012)
Jefferson v. State
977 So. 2d 431 (Court of Appeals of Mississippi, 2008)
Hill v. State
929 So. 2d 338 (Court of Appeals of Mississippi, 2005)
Clayton v. State
759 So. 2d 1169 (Mississippi Supreme Court, 1999)
Shields v. State
722 So. 2d 584 (Mississippi Supreme Court, 1998)
Thomas Alexander Clayton v. State of Mississippi
Mississippi Supreme Court, 1997
Clonelle Shields v. State of MS
Mississippi Supreme Court, 1997
Yates v. State
685 So. 2d 715 (Mississippi Supreme Court, 1996)
Alford v. State
656 So. 2d 1186 (Mississippi Supreme Court, 1995)
Wilson v. State
639 So. 2d 1326 (Mississippi Supreme Court, 1994)
Bogard v. State
624 So. 2d 1313 (Mississippi Supreme Court, 1993)
Robert Allen Yates v. State of Mississippi
Mississippi Supreme Court, 1992
Jones v. State
567 So. 2d 1189 (Mississippi Supreme Court, 1990)
Sanders v. State
479 So. 2d 1097 (Mississippi Supreme Court, 1985)
Harper v. State
478 So. 2d 1017 (Mississippi Supreme Court, 1985)
Gillum v. State
468 So. 2d 856 (Mississippi Supreme Court, 1985)
Wells v. State
305 So. 2d 333 (Mississippi Supreme Court, 1974)