Brown v. State
| Docket Number: | 2002-KA-00448-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Sufficiency of evidence - Deadly weapon Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-08-2002 Appealed from: Washington County Circuit Court Judge: W. Ashley Hines Disposition: ARMED ROBBERY - SENTENCED TO SERVE A TERM OF TWENTY-FIVE YEARS IN THE CUSTODY OF THE MDOC. DEFENDANT IS FURTHER ORDERED TO PAY COURT COST OF $263. Case Number: 2001-357 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Gregory Adams Brown a/k/a Gregory A. Brown a/k/a Gregory Brown |
CAROL L. WHITE-RICHARD |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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. |
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| Topic: | Armed robbery - Sufficiency of evidence - Deadly weapon |
| Summary of the Facts: | Gregory Brown was convicted of armed robbery and sentenced to twenty-five years. He appeals. |
| Summary of Opinion Analysis: | Brown argues that the evidence was insufficient to prove beyond a reasonable doubt the essential elements of the crime, because the victim’s testimony is insufficient to support a finding that a deadly weapon was used since she did not get a good look at the object used and could not identify any particular object until after he was arrested. The victim testified that she felt a sharp object at her side when she was instructed by Brown to open the cash register and that although she was not able to get a good look at the object during the course of the robbery, she did look at the object in Brown’s hand which she later described to police as a tool-like object. Because she was able to see the sharp instrument before the robbery was completed, the exhibition element of the crime was sufficiently proven. |
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