Justin Crockett a/k/a Justin Randle Crockett a/k/a Justin R. Crockett v. State of Mississippi

212 So. 3d 763 (Miss. 2017) · Supreme Court of Mississippi · January 12, 2017 · No. No. 2015-KM-00828-SCT

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

  1. Sufficient evidence supported Crockett's conviction under Mississippi Code section 49-7-95.
  2. 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.
  3. 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

  1. Whether sufficient evidence supported Crockett's conviction under Mississippi Code section 49-7-95 for killing a deer at night by headlighting.
  2. 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).
  3. 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.

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