Collins v. State
| Docket Number: | 2002-KA-00459-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-28-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Rape & Armed robbery - Sufficiency of evidence - Waiver of claim of error Judge(s) Concurring: King and Southwick, P.JJ., Bridges, 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: 02-21-2002 Appealed from: Lowndes County Circuit Court Judge: John M. Montgomery Disposition: RAPE AND ARMED ROBBERY HABITUAL OFFENDER - SENTENCED TO SERVE A TERM OF LIFE IN THE MDOC FOR EACH COUNT, EACH TERM TO BE SERVED CONSECUTIVELY, SUCH SENTENCE SHALL NOT BE REDUCED NOR SUSPENDED NOR SHALL SAID DEFENDANT BE ELIGIBLE FOR PAROLE OR PROBATION. District Attorney: Forrest Allgood Case Number: 2000-0687-CR1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Larry Collins |
CARRIE A. JOURDAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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: | Rape & Armed robbery - Sufficiency of evidence - Waiver of claim of error |
| Summary of the Facts: | Larry Collins was convicted of the crimes of rape and armed robbery. He appeals. |
| Summary of Opinion Analysis: | Collins argues that the State’s evidence implicating him in the crimes was insufficient as a matter of law. If a defendant tests the sufficiency of the State’s evidence by way of a motion for directed verdict of acquittal after the prosecution has rested and that motion is unsuccessful, the defendant is deemed to have waived a claim of error based on that denial if he proceeds to put on evidence in defense and then fails to renew the motion at the close of all the evidence. At the conclusion of the State’s proof, Collins moved for a directed verdict of acquittal. He failed to renew the motion or to present the issue to the court in a motion for judgment notwithstanding the verdict. Therefore, his issue is barred on appeal. |
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