O'Neal v. State
| Docket Number: | 2001-KA-01844-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-18-2003 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary of a dwelling - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-16-2001 Appealed from: Sunflower County Circuit Court Judge: Margaret Carey-McCray Disposition: BURGLARY OF A DWELLING - SENTENCE OF 8 YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Frank Carlton Case Number: 2000-0131-K |
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| Party Name: | Attorney Name: | |||
| Appellant: | John Wesley O'Neal, a/k/a Johnny O'Neil |
W. S. STUCKEY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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: | Burglary of a dwelling - Sufficiency of evidence |
| Summary of the Facts: | John O’Neal was convicted of burglary of a dwelling and sentenced to eight years. He appeals. |
| Summary of Opinion Analysis: | O’Neal argues that the evidence was insufficient to support his conviction, because it failed to establish that he was seen inside the rental house removing an air conditioning unit or at any time holding an air conditioning unit. Common sense circumstances to be considered include the temporal proximity of the possession to the crime to be inferred; the number or percentage of the fruits of the crime possessed; the nature of the possession in terms of whether there is an attempt at concealment or any other evidence of guilty knowledge; and whether an explanation is given and whether that explanation is plausible or demonstrably false. The record shows that O'Neal was not only found in close proximity to the burglarized home, but was actually found at the home that was burglarized. In addition, he was in close proximity to the stolen property. He was standing over one removed unit when he was approached and the other unit and additional front panel were discovered in his car. This evidence is legally sufficient for the jury to infer guilt of burglary. |
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