Poe v. State


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Docket Number: 2002-KA-00742-COA
Linked Case(s): 2002-CT-00742-SCT ; 2002-KA-00742-COA

Court of Appeals: Opinion Link
Opinion Date: 12-09-2003
Opinion Author: King, P.J.
Holding: Affirmed

Additional Case Information: Topic: Fondling - Sufficiency of evidence
Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 05-03-2002
Appealed from: Oktibbeha County Circuit Court
Judge: Lee J. Howard
Disposition: FONDLING: SENTENCED TO SERVE A TERM OF 10 YEARS IN THE MDOC
District Attorney: Forrest Allgood
Case Number: 2001-292-CR

  Party Name: Attorney Name:  
Appellant: Winslow Poe




PEARSON LIDDELL



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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Topic: Fondling - Sufficiency of evidence

Summary of the Facts: Winslow Poe was convicted of four counts of fondling and was sentenced to ten years on each count to run concurrently. He appeals.

Summary of Opinion Analysis: Poe argues that neither the weight or the sufficiency of the evidence supports a verdict of guilty of fondling, because the victims lacked credibility and their testimony was inconsistent. The unsupported testimony of the victim of a sex crime, which has not been discredited or contradicted by other credible evidence, is sufficient to support a guilty verdict. In this case, each of the minor victims testified that he was fondled by Poe, and their testimony is corroborated and given credence by Poe’s statement to the police. This is sufficient to support the verdict.


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