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Edwards v. State

December 30, 1998

OLAN WAYNE EDWARDS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Bridges, C.j., Payne, And Southwick, JJ.

The opinion of the court was delivered by: Southwick, J., For The Court:

DATE OF JUDGMENT: 11/14/1997

TRIAL JUDGE: HON. THOMAS J. GARDNER II

COURT FROM WHICH APPEALED: MONROE COUNTY CIRCUIT COURT

DISTRICT ATTORNEY: JOHN RICHARD YOUNG

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: BURGLARY - 10 YRS; KIDNAPPING 25 YRS

¶1. Olan Wayne Edwards was convicted by a Monroe County jury of burglary of his former girl-friend's home and of kidnapping. On appeal he alleges that evidence of the bad character of the victim was improperly excluded since it helped prove his intent. He also challenges the weight and sufficiency of the evidence. Finding no merit to these arguments, we affirm.

FACTS

¶2. Olan Wayne Edwards and Dana Malone dated from June 1993 until February of 1995. They had one daughter who resided with her mother but with whom Edwards was allowed visitation. On October 25, 1996, he arrived at Malone's home to pick up his daughter for a visit. He and his daughter then stopped at a friend's home where Edwards met Chuck Coleman, the estranged husband of Dana Malone's roommate. Coleman told Edwards that other men were living in Malone's home. After taking a gun, the two went to Malone's home where Edwards could discuss his daughter with Malone. Coleman went with Edwards in hopes of visiting his wife. No one was home, so the two left. They then visited a nightclub and, at some time around midnight, drove back to Malone's home.

¶3. While Coleman remained in the car, Edwards broke down the door of Malone's house. He then attacked her date, Johnny Motes, striking him with a knife as well as with his fists. During the struggle, Malone fled to a neighbor's to call the police. Motes attempted to escape but was met by Coleman, who was wielding a gun. Two friends of Motes then drove up. Motes attempted to get into their vehicle and escape. However, Edwards and Coleman pulled him from the vehicle and shoved him into their car, demanding that he lead them to Coleman's wife.

¶4. Edwards drove the other two men. Motes said that he saw Coleman's wife in a truck that had just passed them going the other way. Edwards then turned the car around and followed the truck, which had by then pulled into a neighbor's driveway. While Edwards and Coleman approached the truck, demanding to know where Coleman's wife was, Motes fled into the woods.

ΒΆ5. At some stage police arrived in response to Malone's telephone call. They escorted her back to her home. Inside, they found Edwards, who had ransacked the home, breaking furniture and dumping trash. Following ...


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