Jerry Beale, Jr. a/k/a Jerry Beale a/k/a Jerry Lee Beale a/k/a Jerry Lee Beale Junior a/k/a Jerry Lee Beale, Jr. v…

Summary

The Mississippi Supreme Court held that an indictment for attempted murder need not allege a specific overt act because the attempted-murder subsection of the attempt statute omits that requirement. It also held that jury instructions describing Beale's shooting at the officers did not constructively amend the indictment, particularly because the instructions did not materially alter the charged offense or prejudice Beale. The court affirmed the judgments of the Court of Appeals and the circuit court.