Smith v. State
| Docket Number: | 2003-KA-01140-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-26-2004 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Weight of evidence Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-03-2003 Appealed from: Leflore County Circuit Court Judge: Margaret Carey-McCray Disposition: CONVICTED OF ARMED ROBBERY, SENTENCED TO TEN YEARS, WITH SIX AND ONE-HALF YEARS TO SERVE, AND THREE AND ONE-HALF YEARS SUSPENDED ON THE CONDITION THAT DEFENDANT COMPLETES THREE AND ONE-HALF YEARS POSTRELEASE SUPERVISION District Attorney: Joyce Ivy Chiles Case Number: 2002-0157 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jonathan Smith |
W. S. STUCKEY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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| Topic: | Armed robbery - Weight of evidence |
| Summary of the Facts: | Jonathan Smith was convicted of armed robbery and was sentenced to ten years, with six and one-half years to serve, and three and one-half years suspended on the condition that he completes three and one-half years of post-release supervision. Smith appeals. |
| Summary of Opinion Analysis: | Smith argues that the verdict was against the overwhelming weight of the evidence, because his brother was the one who actually went into the store and robbed the clerks while he stayed in the car at the scene, and that at most, he knew or either should have known that a crime was being committed but did not participate in the commission of the crime. At trial, the store’s manager testified that a cash audit done on the register after the robbery to determine the amount of money taken revealed a deficit of approximately $465. A customer who arrived at the store immediately after the robbery testified that when he arrived at the store, he saw someone walking across the store’s parking lot in the direction of the woods. He also provided law enforcement authorities with a tag number of the car which Smith was driving. Additionally, police recovered a gun, thirty one-dollar bills and fifteen one-dollar food stamps located in a shoe box in Smith’s girlfriend’s apartment. Given this evidence, the verdict is so contrary to the overwhelming weight of the evidence that allowing it to stand would sanction an unconscionable injustice. As to Smith's claim that his brother was the one who actually committed the crime, it is sufficient to say that the State proved that Smith was at least guilty of being an accessory before the fact, having aided and abetted his brother. |
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