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TOPIC(S): Attempted armed robbery - Sufficiency of evidence - Section 97-3-79 - Exhibition of deadly weapon
FACTS: Zacharia Dambrell was convicted of attempted armed robbery. He appeals.
ANALYSIS: Dambrell argues that the State failed to prove the exhibition of a knife. The State chose to track the language of section 97-3-79 in its indictment. By doing so, the State obligated itself to prove that Dambrell exhibited a deadly weapon to the victim, and that as a result of that exhibition, the victim was placed in fear of immediate injury to his person. Where the State has failed to establish that a weapon was exhibited, then of necessity it has also failed to establish that the victim was placed in fear of immediate injury to his person by the exhibition of a weapon. In this case, the weapon was not exhibited because the victim never saw the weapon until Dambrell had disposed of it. Since the State failed to prove that the victim was placed in immediate fear by exhibition of a deadly weapon, the conviction is reversed and rendered.
HOLDING: Reversed and rendered.
DISSENT: Judge Griffis joined by Presiding Judge Southwick |
