Before Bridges, C.j., Payne, And Southwick, JJ.
The opinion of the court was delivered by: Southwick, J., For The Court:
DATE OF JUDGMENT: 08/05/97
TRIAL JUDGE: HON. BARRY W. FORD
COURT FROM WHICH APPEALED: ALCORN COUNTY CIRCUIT COURT
DISTRICT ATTORNEY: JOHN R. YOUNG
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: CONVICTED OF ARMED ROBBERY AND SENTENCED TO TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
¶1. Alvin Hughey was convicted by an Alcorn County jury of armed robbery. On appeal he argues that he was not allowed to make relevant inquiries of the victim regarding his sexual preference. Hughey also claims that a fatal variance existed between the indictment and the proof, and that the verdict was against the overwhelming weight of the evidence. We find no error and affirm.
FACTS CONSISTENT WITH VERDICT
¶2. On October 8, 1996, Joseph Crofford was working at a convenience store in Corinth, Mississippi. At approximately 9:30 p.m., an individual entered the store and asked that Crofford come out from behind the counter. Crofford refused to comply, and the individual then went around the counter to where Crofford stood. The robber, later identified as Alvin Hughey, carried a knife with the handle wrapped in what Crofford described as a sheet or towel. Hughey demanded the money from the cash register; however, at that point, a customer entered the store and Hughey ducked under the counter, with the knife pressed against Crofford's side. After the customer left, Hughey opened the cash register and stuffed as much cash as possible in his pockets. He then fled the scene.
¶3. Crofford then activated the silent alarm and the police arrived soon thereafter. He identified the robber as a regular customer known as "Alvie." The police began searching for Hughey and eventually found him at an abandoned house. He was taken to the police station and, after Crofford identified him from a photographic lineup, was arrested for the armed robbery.
¶4. Hughey was charged with the armed robbery of the convenience station and on August 8, 1996, was found guilty and sentenced to ten years following a trial in the Circuit Court of Alcorn County. Hughey appeals his conviction.