Poe v. State
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 |
|
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: | 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. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court