McCoy v. State


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Docket Number: 2003-KA-00404-COA

Court of Appeals: Opinion Link
Opinion Date: 08-24-2004
Opinion Author: Myers, J.
Holding: Affirmed

Additional Case Information: Topic: Armed robbery - Weight of evidence - In court identification
Judge(s) Concurring: King, C.J., Bridges, P.J., Lee, Chandler and Griffis, JJ.
Non Participating Judge(s): Irving and Barnes, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 02-14-2003
Appealed from: Lowndes County Circuit Court
Judge: Lee J. Howard
Disposition: CONVICTION OF ARMED ROBBERY AND SENTENCED TO SERVE THIRTY-FIVE YEARS IN THE CUSTODY OF MDOC.
District Attorney: Forrest Allgood
Case Number: 2000-0094-CR1

  Party Name: Attorney Name:  
Appellant: James Earl McCoy




GARY GOODWIN



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART  

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Topic: Armed robbery - Weight of evidence - In court identification

Summary of the Facts: James McCoy was found guilty of armed robbery and was sentenced to thirty-five years. He appeals.

Summary of Opinion Analysis: McCoy argues that the State failed to prove beyond a reasonable doubt an element of his crime, identity, because the cashier did not personally identify him in court as one of the men who participated in the armed robbery. McCoy appeared in court with his attorney ready for trial and was present during the jury voir dire and when the jury was impaneled. The judge recessed court for lunch and McCoy failed to return to court on his bond. McCoy’s trial proceeded in his absence. While the identity of the accused is always an element of the crime charged, a reasonable juror could infer that McCoy was guilty of armed robbery beyond a reasonable doubt. The cashier testified in court that she was certain McCoy robbed her. If McCoy had been present at his own trial, she could have made an in-court identification.


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