 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Buggs v. State1/18/2000
ltiple individuals at the same place and in roughly the same time frame. "The test is whether the individual acts are prohibited, or the course of action which they constitute. If the former, then each act is punishable separately . . . if the latter, there can be but one penalty." Blockburger v. United States, 284 U.S. 299, 302 (1932).
. Marilyn Hemphill testified that she gave the robbers $30 while being held at gunpoint. She identified the gun used in the robbery, as well as the fact that the four men who robbed her were working together. Furthermore, Smith and the handgun were found in the yellow Cadillac identified by Ms. Hemphill as being at the crime scene. Derrick Hemphill also testified that the robbers took $5 from him at gunpoint. The record evidence was sufficient to require separate instructions for the two robberies which occurred in close proximity to each other in the Hemphill residence. Therefore, this issue is without merit.
. Smith also complains that no limiting instruction was given to instruct jurors as to what evidence could be considered against each defendant for the numerous crimes charged in this multi-count case. The record indicates that a limiting instruction on this issue was not requested by Smith. Nonetheless, one defense-proposed instruction was given which instructed the jury to consider separately the evidence for a conviction for each co-defendant. Mississippi Rule of Evidence 105 which addresses limited admissibility of testimony offers limiting instructions as a cure in some instances where testimony is introduced at trial which may affect one party but not the other. However, if the party affected fails to request a limiting instruction and the evidence is admitted, existing practice suggests that no errors were made. M.R.E. 105, cmt.; Freed v. Killman, 192 Miss. 643, 6 So. 2d 909 (1942). Accordingly, this assignment of error is without merit.
. THE JUDGMENT OF THE TALLAHATCHIE COUNTY CIRCUIT COURT CONVICTING BUGGS ON COUNT TWO OF BURGLARY OF A DWELLING AND SENTENCE OF A TERM OF TWENTY-FIVE YEARS WITH TEN YEARS TO SERVE AND FIFTEEN YEARS SUSPENDED; SMITH ON COUNT TWO OF BURGLARY OF A DWELLING AND SENTENCE OF TEN YEARS WITH NO YEARS TO SERVE AND TEN YEARS SUSPENDED; SMITH ON COUNT THREE OF ARMED ROBBERY AND SENTENCE OF TEN YEARS WITH NO YEARS TO SERVE AND TEN YEARS SUSPENDED; AND SMITH ON COUNT FOUR OF ARMED ROBBERY AND SENTENCE OF TEN YEARS WITH NO YEARS TO SERVE AND TEN YEARS SUSPENDED IS AFFIRMED. COSTS OF THIS APPEAL ARE TAXED TO TALLAHATCHIE COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, LEE, MOORE, PAYNE, AND THOMAS, JJ., CONCUR. IRVING, J., CONCURS IN RESULT ONLY.
|