Moore v. State
Docket Number: | 2004-KA-00095-COA Linked Case(s): 2004-CT-00095-SCT ; 2004-KA-00095-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 08-15-2006 Opinion Author: Barnes, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Robbery - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis and Ishee, JJ. Non Participating Judge(s): Southwick and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 05-12-2003 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: CONVICTED OF ROBBERY AND SENTENCED TO A TERM OF FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: JON MARK WEATHERS Case Number: 03-015CR |
Party Name: | Attorney Name: | |||
Appellant: | Ventura Donnell Moore, Sr. |
JONATHAN M. FARRIS |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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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. |
Topic: | Robbery - Sufficiency of evidence |
Summary of the Facts: | The motion for rehearing is granted, and this opinion is substituted for the original opinion. Ventura Moore, Sr. was convicted of robbery. He appeals. |
Summary of Opinion Analysis: | Moore argues that the State failed to meet its burden of proof in proving the essential elements of the crime of robbery. The jurors could reasonably infer Moore’s felonious intent by looking to the circumstances surrounding the crime. The victim’s own testimony under direct examination established that Moore used force to take and carry away his property. The testimony of an eyewitness corroborated the victim’s version of events. Viewing the evidence in the light most favorable to the State, it is clear that any rational trier of fact could have found, beyond a reasonable doubt, that Moore used force to take and carry away the victim’s personal property, and did so with felonious intent. |
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