McQuirter v. State
| Docket Number: | 2002-KA-01285-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-28-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, 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: 06-21-2002 Appealed from: Wilkinson County Circuit Court Judge: Lillie Blackmon Sanders Disposition: BURGLARY OF A STOREHOUSE, SENTENCED TO SERVE A TERM OF 7 YEARS IN THE CUSTODY OF THE MDOC AS AN HABITUAL OFFENDER District Attorney: Ronnie Lee Harper Case Number: 2001-KR-038-S |
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| Party Name: | Attorney Name: | |||
| Appellant: | Charles McQuirter |
GUS GRABLE SERMOS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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: | Burglary - Sufficiency of evidence |
| Summary of the Facts: | Charles McQuirter was convicted of burglary of a storehouse. He was sentenced to serve seven years as an habitual offender. He appeals. |
| Summary of Opinion Analysis: | McQuirter argues that the State failed to establish that he committed burglary, because it failed to show that he broke and entered the trailer with the intent to steal. Circumstances to be considered include the temporal proximity of the possession to the crime to be inferred; the number or percentage of the fruits of the crime possessed; the nature of the possession in terms of whether there is an attempt at concealment or any other evidence of guilty knowledge; and whether an explanation is given and whether that explanation is plausible or demonstrably false. There is evidence that McQuirter possessed fruits of the burglary within a day or two of the burglary. It is clear that McQuirter did indeed have items that were taken in the burglary such as hunting gear, clothing and some hats. McQuirter tried to hide the stolen property in his girlfriend's mother's car, and he offered no explanation whatsoever for having the stolen items in his possession. Under the circumstances of this case, the inference of burglary is sufficient to support a conviction. |
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