Lee v. State
| Docket Number: | 2003-KA-00379-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-22-2004 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Robbery - Photographs - Jury instructions - Sufficiency of evidence Judge(s) Concurring: King, C.J., Bridges, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-15-2003 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: CONVICTED OF ROBBERY; SENTENCED TO SEVEN YEARS IN THE CUSTODY OF THE MDOC District Attorney: Cono A. Caranna, II Case Number: B2401-02-322 |
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| Party Name: | Attorney Name: | |||
| Appellant: | John Curtis Lee |
SCOTT WATSON WEATHERLY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Robbery - Photographs - Jury instructions - Sufficiency of evidence |
| Summary of the Facts: | John Lee was convicted of robbery and sentenced to seven years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Photographs Lee argues that the judge erred in allowing the introduction of a color photographic line-up instead of black and white copies of the photographic line-up which had been furnished to the defense during discovery. Not only was Lee's counsel given the opportunity to compare this photograph with the black and white one that was produced during discovery, but the identification was not a meaningful issue since the victim testified that he already knew Lee before the incident. Lee also argues that the judge erred in allowing the admission of photographs depicting the injuries suffered by the victim. The photographs are not gruesome and were admissible to show the extent of the victim's injuries. Issue 2: Jury instructions Lee argues that the court erred in failing to grant two jury instructions.Refusal to include a repetitive jury instruction is not error. Because both instructions were similar to other instructions which were approved, the court’s ruling was proper. Issue 3: Sufficiency of evidence Lee argues that the evidence presented at trial was insufficient to support his conviction, because the victim was the only eyewitness to the crime. The testimony of one eyewitness is adequate to sustain a criminal conviction. Here, the record reveals consistent testimony by the victim that he knew who robbed him, and the jury found him to be credible. |
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