Anthony Tyrone Thomas v. State of Mississippi

Summary

The Mississippi Supreme Court held that the indictment charging Anthony Tyrone Thomas with being a felon in possession of a weapon was constitutionally insufficient because it alleged possession of only “a knife” rather than identifying one of the specific prohibited knives listed in Mississippi Code Section 97-37-5. The court reversed the conviction on Count II and dismissed that indictment, while affirming Thomas’s aggravated-assault conviction and sentence on Count I.

Holdings

1. An indictment charging a convicted felon with possessing only 'a knife' fails to allege the essential element identifying the specific type of knife prohibited by Mississippi Code Section 97-37-5 and therefore does not charge a cognizable crime.
2. The defective Count II indictment is void, requiring reversal of the conviction for being a felon in possession of a weapon and dismissal of that indictment.
3. The aggravated-assault conviction and sentence on Count I are affirmed; the court did not grant a new trial on Count I because its certiorari review was limited to Count II.

Questions Presented

1. Whether an indictment charging a convicted felon with possessing 'a knife,' without identifying one of the specific knives prohibited by Mississippi Code Section 97-37-5, sufficiently charged a crime.
2. Whether the defective indictment required reversal of the Count II conviction and dismissal of the Count II indictment.
3. Whether Thomas was entitled to a new trial on the aggravated-assault count under retroactive misjoinder after reversal of Count II.

Disposition

reversed_and_remanded