Diamante Quantae Myers a/k/a Diamonte Quantae Myers a/k/a Diamante Myers a/k/a Diamante Quante Myers a/k/a Man v…

Summary

The Mississippi Supreme Court affirmed Myers's convictions for shooting into a dwelling and aggravated assault. It held that jury instruction S-3 did not constructively amend the indictment because its reference to shooting "into a dwelling house" tracked the statutory elements and did not materially alter the charged offense or Myers's defense. Because Myers did not object at trial, the court reviewed the issue for plain error and found none.