Summary
The Supreme Court of Mississippi affirmed Justin Crockett’s conviction for hunting and killing a deer at night by headlighting in violation of Mississippi Code Section 49-7-95. The Court held that substantial evidence supported the trial court’s finding that Crockett committed the required overt act, including evidence that he possessed a recently killed deer that could not have been killed during legal hunting hours. The Court also declined to consider a hearsay challenge because Crockett had not objected at trial.
Holdings
- Sufficient evidence supported Crockett's conviction under Mississippi Code section 49-7-95.
- Evidence that the defendant possessed a recently killed deer that could not have been killed during legal hunting hours may satisfy the statute's observed overt-act requirement when accompanied by evidence connecting the defendant to the killing.
- Because Crockett did not object to the hearsay testimony at trial, he waived the right to raise its admission as an appellate issue.
Questions Presented
- Whether sufficient evidence supported Crockett's conviction under Mississippi Code section 49-7-95 for killing a deer at night by headlighting.
- Whether possession of a recently killed deer that could not have been killed during legal hunting hours constituted an observed overt act under section 49-7-95(1)(b).
- Whether the admission of hearsay testimony could be challenged on appeal when Crockett did not object at trial.
Disposition
affirmed
Cases Cited (10)
- Jones v. State, 972 So. 2d 579, 580 (Miss. 2008)(applied)
- Neblett v. State, 75 Miss. 105, 21 So. 799 (1897)(applied)
- Pharr v. State, 465 So. 2d 294 (Miss. 1984)(applied)
- Transocean Enter., Inc. v. Ingalls Shipbuilding, Inc., 33 So. 3d 459, 462 (Miss. 2010)(applied)
- Ezell v. Williams, 724 So. 2d 396, 397 (Miss. 1998)(applied)
- City of Greenville v. Jones, 925 So. 2d 106, 109 (Miss. 2006)(applied)
- Yarbrough v. Camphor, 645 So. 2d 867, 869 (Miss. 1994)(applied)
- Purvis v. Barnes, 791 So. 2d 199, 202 (Miss. 2001)(applied)
- Cross v. State, 759 So. 2d 354, 357 (Miss. 1999)(applied)
- Hansen v. State, 592 So. 2d 114, 127 (Miss. 1991)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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