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Davidson v. State

February 09, 1999

MAURICE DAVIDSON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



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

The opinion of the court was delivered by: Diaz, J.

DATE OF JUDGMENT: 06/12/97

TRIAL JUDGE: HON. C. E. MORGAN III

COURT FROM WHICH APPEALED: MONTGOMERY COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: BURGLARY OF A BUILDING: SENTENCED TO SERVE A TERM OF 7 YRS WITH THE MDOC WITH 4 YRS SUSPENDED FOR 5 YRS BEGINNING UPON RELEASE FROM INCARCERATION WITH 3 YRS TO SERVE; PLACED ON SUPERVISED PROBATION FOR 3 YRS, PAY $1,500, COURT COST FEES

DISPOSITION: AFFIRMED - 02/09/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

¶1. Maurice Davidson was tried and convicted of burglary of a building. From this conviction, he perfects his appeal to this Court and argues (1) that the evidence was insufficient to support a guilty verdict and that the jury's verdict was against the overwhelming weight of the evidence, (2) that the trial court erred in allowing the State's use of improper rebuttal testimony, and (3) that the trial court erred in granting the State's aiding and abetting jury instruction. Finding his arguments without merit, we affirm.

FACTS

ΒΆ2. On the night of September 24, 1996, Terry Ellis left the motel and restaurant that she owned with her husband in order to take an employee home. According to Ellis, four boys were playing pool in the game room that night-one of whom she recognized as Maurice Davidson, the appellant. Ellis asked the boys to wait outside the restaurant until she could return and reopen the premises. When Ellis left, she locked the door. Ellis returned a few minutes later and discovered approximately $550 in cash missing from the store. She then telephoned Police Officer Calvin Young and reported the burglary. Maurice Davidson was thereafter arrested and charged with burglarizing the Pine Cabin Restaurant. Following a jury trial wherein ...


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