Stewart v. State


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Docket Number: 2010-KA-00309-COA

Court of Appeals: Opinion Link
Opinion Date: 03-22-2011
Opinion Author: Barnes, J.
Holding: Affirmed.

Additional Case Information: Topic: Attempted escape by force or violence - Weight of evidence
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: Jury Trial; JNOV
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 02-01-2010
Appealed from: Coahoma County Circuit Court
Judge: Al Smith
Disposition: Convicted of attempted escape by force or violence and sentenced to five years in the custody of the Mississippi Department of Corrections as a habitual offender without eligibility for parole or probation
District Attorney: Brenda Fay Mitchell
Case Number: 2009-0004

  Party Name: Attorney Name:  
Appellant: Michael Stewart




BENJAMIN ALLEN SUBER



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER  

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Topic: Attempted escape by force or violence - Weight of evidence

Summary of the Facts: Michael Stewart was convicted of attempted escape by force or violence and sentenced to five years as a habitual offender without eligibility for parole or probation. He appeals.

Summary of Opinion Analysis: Stewart argues that the overwhelming weight of the evidence did not support the guilty verdict, because there was no evidence of “force” presented at trial. The investigator testified that someone had tampered with the air-conditioning unit on the roof above where Stewart’s cell was located. The photographs of the unit that were entered into evidence corroborated this testimony, showing that a door was off the unit and that the filter and insulation from the pipes had been ripped and torn. There was also a clean-looking, white pair of boxer shorts lying near the unit. The evidence and testimony presented at trial sufficiently refutes Stewart’s contention. The investigator noted at trial that the only way to escape by that method was either to climb over two fences or have a key to open the gate to gain access. Another witness also testified that no outside doors had been opened, a fact she could determine from her position in the control room. It is the function of the jury to weigh the evidence, evaluate witness credibility, and determine which witnesses are to be believed.


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