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¶ 16. In the instant case, Wilkins was not convicted of using a deadly weapon. Furthermore, the allegation in the indictment charged Wilkins with use of a deadly weapon, not the infliction of serious bodily injury. Wilkins did not receive life in prison or a life sentence. He was sentenced to fifteen years in the custody of the Mississippi Department of Corrections. The trial judge made it abundantly clear that the conviction was for possession of marijuana.
¶ 17. In closing argument, Wilkins’ attorney stated, “We are asking for the lesser-included offense. If they would give me fifteen years for the marijuana, I’ll take it.” Further, the state argued to the jury, “What you folks need to know is that he is guilty of the marijuana count. He is not guilty of anything else.” The jury was instructed as to both the felony and the misdemeanor conviction of possession of marijuana. The jury could not, without the aid of reasonable doubt, find Wilkins guilty of serious bodily injury. Wilkins should have been given the lesser included charge of possession of marijuana. The failure to grant the lesser included offense violated Wilkins’ due process right to a fair trial.
¶ 18. Based on the record, we find that the trial judge erred in failing to grant a lesser-included offense instruction. The judgment of the Circuit Court of the First Judicial District of Hinds County is reversed and remanded for a new trial.
¶ 19. REVERSED AND REMANDED.
BANKS, P.J., SMITH, P.J., WALLER AND COBB, JJ., CONCUR. McRAE, P.J., DISSENTS WITH SEPARATE WRITTEN
OPINION JOINED BY PITTMAN AND CARLSON, JJ.
¶ 20. McRAE, PRESIDING JUSTICE, DISSENTING:
¶ 21. I disagree that the trial judge erred in refusing to grant the lesser included offense of simple possession of marijuana. The
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What are the implications of having a child of an extremely long lived species?
In a post about the different long-lived species in Tolkien’s Middle Earth, there’s a long list of long-lived species:
wolf, hobbit, Rohirrim, Cloud-hoppers, Aelfs, Giant Ants, Giants, Dwarves, Ents, Eagles.
Many of these (e.g. Wolf, Cloud-hoppers) don’t have offspring (though in my world, Cloud-hoppers do eventually produce the Wollygoblins, and Giants do eventually produce Beornings). Other of these (e.g. Eagles) have a fertile lifetime of 50-100 years, and thus have plenty of time to reproduce.
But the age of Elves is given as 300 or more years, and I’ve heard many a conversation on the subject suggest that Elves don’t or at least weren’t ever expected to reproduce.
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