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REGINALD CARTER v. STATE OF MISSISSIPPI

MARCH 28, 1984

REGINALD CARTER
v.
STATE OF MISSISSIPPI



BEFORE ROY NOBLE LEE, PRATHER and SULLIVAN

ROY NOBLE LEE, PRESIDING JUSTICE, FOR THE COURT:

Reginald Carter was indicted, tried and convicted in the Circuit Court of the First Judicial District of Hinds County, Honorable H. Breland Hilburn, presiding, on a charge of robbery, and was sentenced to twelve (12) years in custody of the Mississippi Department of Corrections. He appeals to this Court and assigns the following errors in the trial below:

(1) The lower court erred in failing to grant appellant's motion for a mistrial.

 (2) The verdict of the jury is against the overwhelming weight of the evidence.

 (3) The sentence by the court of twelve (12) years was excessive and against the overwhelming weight of the evidence.

 On December 27, 1982, Mrs. Linda Nipper was assaulted in the parking lot of Mississippi Valley Gas Company between 3:00 and 3:30 p.m. by a black male person, who snatched her leather purse and fled with it. The purse had shoulder straps which were wrapped around the victim's arm, and, during the robbery, the victim was pulled to the pavement and dragged until the straps finally came loose from her arm. The purse contained $2.00 in cash, two checks payable to utility companies, and miscellaneous items of personal property.

 Mrs. Nipper described the assailant as weighing 160 lbs., approximately 6 ft. in height, about twenty-three (23) years of age, and dressed in a three-quarters length burgundy leather coat and a knitted cap with a bill on it.

 Elwin J. Williams drove to the scene in his automobile and recognized that a robbery was in progress. He attempted to hit the assailant with the car in order to prevent his escape, but was unable to do so. The police were immediately notified and an investigation was initiated.

 The next day, appellant was seen by Officer Thomas S. Hunter, who had been given a description of the robber. He was cruising in a police car, summoned another officer to aid him, and appellant was arrested. At the time, appellant was wearing a three-quarters length burgundy leather coat, a cap, and fit the description given the police by Williams and Mrs. Nipper.

 Appellant was positively identified as the robber by Williams and Mrs. Nipper at a five-man lineup, and they made a positive in-court identification of him.

 At the trial, on cross-examination, the following questions were asked and answers given by Officer Thomas S. Hunter:

 Q. And the only reason you arrested Mr. Carter is because of the description you got over the radio, is that correct?

 A. Correct.

 Q. Is a six foot black male, 160 to 170 pounds, ...


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