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ANTHONY EVANS, CURTIS SMITH AND WILLIE LEE SMITH v. STATE OF MISSISSIPPI

DECEMBER 17, 1986

ANTHONY EVANS, CURTIS SMITH AND WILLIE LEE SMITH
v.
STATE OF MISSISSIPPI



BEFORE PRATHER, ROBERTSON AND SULLIVAN, JJ.

ROBERTSON, JUSTICE, FOR THE COURT:

I.

This is an appeal from the Circuit Court of Madison County, Mississippi, wherein Anthony Evans, Curtis Smith and Willie Lee Smith were convicted of armed robbery. Each Defendant was sentenced to twenty (20) years imprisonment. On appeal, each Defendant assigns the following as error:

 (1) It is error to admit a material element of real evidence during re-direct examination of a state's witness.

 (2) The trial court erred by admitting 8 co-defendant's confession inculpating a defendant where the declarant cannot be cross-examined.

 (3) The lower court erred in allowing an amendment to the indictment concerning a material element of the indictment during the course of trial.

 For the reasons set forth below, we find no merit to any of these assignments and affirm.

 II.

 On January 23, 1985, around midnight, two men robbed the Madison Ecol Station located at the intersection of Highway 463 and Interstate 55 in Madison County, Mississippi. At trial, the two men were identified as Defendants Anthony Evans and Willie Lee Smith.

 The manager of the station testified that Anthony Evans held a gun on him while Willie Lee Smith kicked in the office door and looked for money. The manager also testified that Willie Smith took the safe (also referred to as a money box) and fled the station along with Evans.

 A customer testified that around midnight on the evening of January 23, 1985, as he drove up to the Ecol Station, he saw two men going across a nearby field to a car parked on the ramp over I-55. The customer could not identify these two people.

 Officer Dwight Morrison of the City of Madison Police Department testified that each Defendant had given a confession following his arrest. These confessions

 established that indeed Evans and Willie Smith robbed the Ecol Station and that Curtis Smith drove the getaway car. None of the Defendants took the witness stand in his own defense.

 On June 11, 1985, the jury convicted the three Defendants of armed robbery, but refused to sentence them for life. On June 14, 1985, the trial court sentenced each Defendant to serve a term of twenty (20) years in the custody of the Mississippi Department of Corrections, with credit given for time spent in pre-trial ...


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