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Banks v. State

June 11, 1998

CORE BANKS
v.
STATE OF MISSISSIPPI



The opinion of the court was delivered by: Sullivan, Presiding Justice

ON PETITION FOR WRIT OF CERTIORARI

DATE OF JUDGMENT: 02/03/95

TRIAL JUDGE: HON. KEITH STARRETT

COURT FROM WHICH APPEALED: LINCOLN COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

DISPOSITION REVERSED AND RENDERED - 06/11/98

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

EN BANC.

Introduction

¶1. This case is before the Court sitting en banc on a petition for writ of certiorari filed by Corey Banks. Banks was convicted of conspiracy to sell cocaine and sentenced to serve 20 years and pay a fine of $30,000. The Court of Appeals affirmed his conviction and sentence. Banks's motion for rehearing was denied and he filed a petition for writ of certiorari which this Court granted. Finding that the State's proof at trial was insufficient to support a conviction as charged by the indictment, Banks's conviction is reversed and rendered. Facts

¶2. Banks was jointly indicted with nine others for conspiracy to sell cocaine. The conspiracy was alleged to have taken place on or before September 6, 1994. Horace McMorris and Anthony Snell, two co-indictees, testified for the State. McMorris testified that Banks had a monetary stake in eleven ounces of cocaine that McMorris purchased in Houston and planned to divide with Banks until McMorris was caught with the cocaine in the New Orleans airport. McMorris also testified that Banks was present in 1992 when he purchased cocaine in Jackson. Snell testified that he would get the cocaine to Brookhaven and that Banks would sell it for him. Timothy Cooper, another State witness, testified that Banks was his cocaine supplier and that Banks was supplying cocaine to others in the Lincoln County area. Banks did not testify or produce any witnesses.

Issues Raised for Certiorari Review

I. THE COURT OF APPEALS IS IN CONFLICT WITH DECISIONS OF THE SUPREME COURT OF THE ...


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