Before Bridges, C.j., Hinkebein, And King, JJ.
The opinion of the court was delivered by: King, J., For The Court:
DATE OF JUDGMENT: 05/05/97
TRIAL JUDGE: HON. JANNIE M. LEWIS
COURT FROM WHICH APPEALED: HOLMES COUNTY CIRCUIT COURT
DISTRICT ATTORNEY: NOEL D. CROOK
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: CT I ARMED ROBBERY: CT II AGGRAVATED ASSAULT: CT IV BURGLARY: CT V CONSPIRACY TO COMMIT BURGLARY CT I SENTENCED TO 10 YRS, CT II 20 YRS, CT IV 5 YRS CT V 5 YRS IN THE CUSTODY OF THE MDOC; CT I & II SERVED CONSECUTIVELY & CTS IV & V CONCURRENTLY
¶1. Timothy Brown was convicted of armed robbery, aggravated assault, burglary, and conspiracy to commit burglary, and sentenced to serve one term of ten years, one term of twenty years, and two five year terms, respectively, in the custody of the Mississippi Department of Corrections. The sentences for armed robbery and aggravated assault were to be served consecutively, and those for burglary and conspiracy to commit burglary were to be served concurrently. Aggrieved by his convictions and sentences, Brown has appealed and assigned one error:
I. THE TRIAL COURT ERRED IN NOT GRANTING A PEREMPTORY INSTRUCTION TO THE JURY OR, IN THE ALTERNATIVE, GRANTING A JUDGMENT NOTWITHSTANDING THE VERDICT AS THE VERDICT OF THE JURY WAS CONTRARY TO THE LAWS AND THE OVERWHELMING WEIGHT OF THE EVIDENCE.
Finding no error, this Court affirms the circuit court judgment.
¶2. Shortly after 10 p.m. on October 11, 1996, John Hall arrived home and found Brown and Christopher Thurmond standing in his house in Lexington, Mississippi. According to Hall, Brown ordered him to hand over his money. Because the money was in the trunk of Hall's car, he walked outside to get it. While walking out, he slipped. Because Brown thought that Hall was fooling around, he shot him with a .12 gauge sawed off shotgun.
¶3. According to Hall, he crawled back into his house to get his car keys and back outside to retrieve the money from the car trunk. At this point, a car began to drive past the house.
¶4. Hall ran out to the street. He grabbed the door handle of the car which was driven by his neighbor, H.B. Levy. According to Hall, Brown shot again hitting Levy's car window. With Hall still hanging onto the door handle, Levy drug him down the street. Shortly thereafter, Levy pulled him into the car and rushed him to the ...