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Cobb v. State

January 26, 1999

JAMES COBB A/K/A JAMES COBB JR., A/K/A APPELLANT `PIG'
v.
STATE OF MISSISSIPPI APPELLEE



Before McMILLIN, P.j., King And Southwick, JJ.

The opinion of the court was delivered by: McMILLIN, P.j.

DATE OF JUDGMENT: 12/05/1997

TRIAL JUDGE: HON. THOMAS J. GARDNER II

COURT FROM WHICH APPEALED: LEE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: 12/05/1997: ROBBERY: SENTENCED TO SERVE A TERM OF 15 YRS IN THE MDOC; SAID SENTENCE SHALL RUN CONSECUTIVE WITH SENTENCE IN LEE CO. CR97-314 12/05/1997: ROBBERY: SENTENCED TO SERVE A TERM OF 15 YEARS; SAID SENTENCE SHALL RUN CONSECUTIVE WITH SENTENCE IN LEE COUNTY CR97-314

AFFIRMED

¶1. James Cobb has appealed his conviction of robbery, raising four issues on appeal. We find the issues to be without merit and affirm Cobb's conviction.

I.

Facts

¶2. Cobb, while pretending to be shopping for gold jewelry in a jewelry store, snatched two gold necklaces from the store clerk's hand and fled the store. During his flight, he approached another woman and offered to sell her one of the necklaces for $20. He was later apprehended and gave the police a statement admitting his actions.

II.

The First Issue: The Sufficiency of the Evidence

ΒΆ3. Cobb charges that the evidence was insufficient to support a conviction of robbery, since there was no proof that he had put the store clerk in fear of some immediate injury as he claims is required by Section 97-3-73 of the Mississippi Code. In essence, he argues that the crime was not one of ...


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