Davis v. State
| Docket Number: | 2009-KA-01758-COA Linked Case(s): 2009-KA-01758-COA ; 2009-CT-01758-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-26-2011 Opinion Author: Roberts, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Robbery - Sufficiency of evidence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-02-2009 Appealed from: Claiborne County Circuit Court Judge: Lamar Pickard Disposition: Sentenced to Ten Years in the Custody of the Mississippi Department of Corrections District Attorney: Alexander C. Martin |
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| Party Name: | Attorney Name: | |||
| Appellant: | Charles Davis, Jr. |
GEORGE T. HOLMES |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER |
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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 - Sufficiency of evidence |
| Summary of the Facts: | Charles Davis Jr. was convicted of robbery and sentenced to ten years. He appeals. |
| Summary of Opinion Analysis: | Davis argues that the State failed to prove all the necessary elements of robbery. He argues that the State failed to prove that the taking of the rifle was effectuated through the use of violence or fear which is an element of robbery, and without proof of that element, he could only be found guilty of larceny. When the victim is aware that someone is attempting to take property from his person and does not indicate any consent to the taking, the crime of pickpocketing or larceny is elevated to robbery because violence or the threat of violence, even though slight, was a factor in the taking. To prove the taking was done through violence requires proof of some use of force, no matter how slight. It is undisputed that the victim was aware that Davis was attempting to take the rifle and did not consent to his taking it. The two tussled over the rifle until the victim let go of his end in fear of being shot. This evidence is sufficient to prove that the taking was effectuated through violence. |
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