Smith v. State


<- Return to Search Results


Docket Number: 2004-KA-01461-COA

Court of Appeals: Opinion Link
Opinion Date: 08-29-2006
Opinion Author: King, C.J.
Holding: Affirmed

Additional Case Information: Topic: Sale of controlled substance - Sufficiency of evidence
Judge(s) Concurring: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 01-27-2003
Appealed from: Jones County Circuit Court
Judge: Billy Joe Landrum
Disposition: JUDGMENT OF SALE OF CONTROLLED SUBSTANCE AND SENTENCE OF A TERM OF TWENTY-FIVE YEARS, WITH TEN YEARS TO SERVE IN FULL-TIME CUSTODY OF MDOC. UPON SUCCESSFUL COMPLETION OF SAID FULL-TIME SERVICE THE REMAINING FIFTEEN YEARS SHALL BE SUSPENDED
District Attorney: ANTHONY BUCKLEY
Case Number: 2001-223-KR

  Party Name: Attorney Name:  
Appellant: Robert C. Smith




MICHAEL DUANE MITCHELL



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: JOSE BENJAMIN SIMO  

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.

Topic: Sale of controlled substance - Sufficiency of evidence

Summary of the Facts: Robert Smith was found guilty of sale of a controlled substance. Smith was sentenced to twenty-five years, with ten years to serve. He appeals.

Summary of Opinion Analysis: Smith argues that the evidence is insufficient, because the man in the videotape did not look like the defendant on the day of trial. The jury heard the testimony of two police officers who identified Smith as the person who sold the crack cocaine. The jury also viewed a videotape of the transaction. Clearly, the jury resolved the issue of witness credibility in favor of the State.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court