Before Bridges, C.j., Coleman, And Diaz, JJ.
The opinion of the court was delivered by: Diaz, J
CHARLES DEWAYNE GRIFFIN, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND
MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
DATE OF JUDGMENT: 03/01/96
TRIAL JUDGE: HON. LARRY EUGENE ROBERTS
COURT FROM WHICH APPEALED: CLARKE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - MISDEMEANOR
TRIAL COURT DISPOSITION: CARRYING A DEADLY CONCEALED WEAPON: SENTENCED TO 6 MONTHS IN THE CLARKE COUNTY MS JAIL, WITH 4 MONTHS SUSPENDED, BEING 2 MONTHS TO SERVE; UPON RELEASE FROM JAIL, HE SHALL BE ON 5 YRS UNSUPERVISED PROBATION & PAY $500.00
DISPOSITION AFFIRMED - 03/10/98
Charles Dewayne Griffin was convicted of carrying a deadly, concealed weapon. From this conviction, he now perfects his appeal to this Court and assigns as error the following: (1) the trial court erred in restricting testimony of his state of mind, (2) the jury's verdict was contrary to the overwhelming weight of the evidence, and (3) the trial court erred in overruling his motion for a judgment notwithstanding the verdict and/or a new trial. Finding Griffin's arguments without merit, we affirm.
On July 1, 1994, Steve Gavin and his younger brother, Robbie, went to the town of Stonewall to pick up Steve's two children for a visitation weekend. Steve had agreed to meet his former wife, Ruth Griffin, and their two children at the Super Stop; but according to Steve, when he passed by Ruth's house and saw his children outside, he decided to stop and pick them up at her house rather than going to the Super Stop. When Steve turned into the driveway, he saw his former wife's husband, Dewayne Griffin, standing in the yard. The two men began to argue, so Ruth called and reported the disturbance to the police. J.G. Kufel, an investigator with the Clarke County Sheriffs Department, was dispatched to the Griffin house. He met with Dewayne and Steve and arranged for Steve to pick up his children at the Super Stop, as originally planned. Some time later, Steve Gavin, Robbie Gavin, Dewayne and Ruth Griffin, the two children, Dewayne's sister and Officers Kufel and Jenkins met at the convenience store. As Steve and Ruth began discussing the visitation arrangement, Dewayne stepped out of the car. Fearing an altercation, the officers approached Dewayne, and noticed a gun protruding from Dewayne's pocket. Dewayne then made a turn toward the car, at which time the officers restrained and handcuffed him. ...