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HENRY MACK McCURDY, JR. v. STATE OF MISSISSIPPI

AUGUST 12, 1987

HENRY MACK McCURDY, JR.
v.
STATE OF MISSISSIPPI



BEFORE WALKER, C.J., PRATHER AND ANDERSON, JJ.

WALKER, C.J., FOR THE COURT:

Henry Mack McCurdy, Jr., was charged by indictment with burglary of an uninhabited house Miss. Code Ann.

97-17-33 (1972). After trial in the Circuit Court of Leake County, the jury returned a verdict of guilty. The trial judge sentenced McCurdy to a term of six (6) years imprisonment. From that conviction and sentence, McCurdy appeals. Finding no reversible error we affirm the conviction and sentence

 Judy Lee Federick, a resident of Carthage, Mississippi, owned an unoccupied residence in the Renfroe Community of Leake County. On June 12, 1985, she went to check on the house as she had done approximately twice per week since it had become vacant. She found nothing amiss.

 When Judy Federick returned to the vacant house on June 15, 1985, she found that a back window of the house had been pried open. Clothes and toys stored at the house were strewn across the floor. The only items missing were two (2) Ford Magnum 500 tires and rims, which Judy Federick's brother, Jerry Cremeen, had stored there. Junior McCurdy (Junior), a relative of the appellant, Henry Mack McCurdy, Jr. (Henry), had helped Cremeen move the tires into the house approximately six (6) months prior to the theft.

 Federick reported the burglary to the Canton Police Department. During the investigation, Officer Bobby Brown questioned Henry, who lived near the house from which the tires were taken. The record indicates that the distance between Henry's residence and the burglarized house was approximately three (3) miles by road and approximately one (1) mile as the crow flies.

 Investigator Brown questioned Henry outside Henry's residence. After informing Henry of his Miranda rights, Brown asked what he knew about" some tires. "Henry responded that he had some tires which he had obtained from a pawn shop. When Brown asked to see the tires, Henry unlocked the door to an old house twenty (20) to thirty (30) steps from his residence. Inside were two (2) tires fitting the description given by Cremeen.

 Brown arrested Henry for possession of stolen property and drove him to the jail. There, having been read his Miranda rights a second time and having signed a written waiver of those rights, Henry gave the following statement:

 On the night of June 12, 1985, about dark me and Jr. got two tires and rims. We in (sic) the window on the back side of the house. The house is on

 black top road near Renfroe. We rolled the tires home.

 Officer Brown wrote down the statement and read it to Henry, who then signed it. Henry was charged with burglary and ultimately convicted. From his conviction and six (6) year sentence, he appeals, assigning four (4) errors:

 I. WAS THE VERDICT AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE?

 Henry argues that the trial court should have granted his motion for directed verdict and his motion for judgment notwithstanding the verdict. Having reviewed the record, we are of the opinion that the evidence, considered in the light most favorable to the State, is sufficient to support the verdict. White v. State, 507 So.2d 98 (Miss. 1987); ...


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