Henley v. State
Mississippi Supreme Court
136 So.3d 413 (2014)
- Written by Carolyn Strutton, JD
Facts
A police officer patrolling at night near a recycling facility noticed that a cable that was usually suspended across the facility’s entrance gate to block after-hours access was lying on the ground. When the police officer drove into the facility to investigate, he saw a car being driven around the side of one of the facility buildings with its headlights off. The car’s driver apparently noticed the police vehicle, turned on his headlights, turned the car around, and started to leave the property. The police officer stopped the car and questioned the driver, Derrick Henley (defendant). Henley claimed that he had been looking for a place to turn his car around when he entered the facility. The officer found pliers, bolt cutters, screwdrivers, wrenches, and a socket set in the car, and Henley had a flashlight in his pocket. Henley was charged with possession of burglary tools. Henley moved for a directed verdict, alleging that the prosecution (plaintiff) had failed to prove that he possessed the tools with the intent to commit a burglary. Henley’s motion was denied, and he was convicted. Henley appealed.
Rule of Law
Issue
Holding and Reasoning (Waller, C.J.)
Dissent (Randolph, J.)
Dissent (Dickinson, J.)
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