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Taylor v. State1/25/2000
in its effect upon the outcome of the trial court proceedings. Porter, 95-KA-01324-COA at ( 36). For the sake of brevity, we will group issues for analysis.
ANALYSIS OF LEGAL ISSUES
IV. THE TRIAL COURT COMMITTED PLAIN ERROR BY OVERRULING DEFENSE COUNSEL'S MOTION TO DETERMINE THE MAKE-UP OF THE GRAND JURY AND FOR ADDITIONAL TIME.
V. THE TRIAL COURT COMMITTED PLAIN ERROR BY OVERRULING DEFENSE COUNSEL'S MOTION FOR AN INTERLOCUTORY APPEAL.
VIII.THE TRIAL COURT ERRED IN DENYING DEFENSE COUNSEL'S MOTION TO DISMISS BASED UPON THE APPLICABLE STATUTE OF LIMITATIONS.
XI. THE TRIAL COURT COMMITTED PLAIN ERROR IN DENYING DEFENSE COUNSEL'S MOTION FOR A NOT GUILTY VERDICT.
XII. THE TRIAL COURT COMMITTED PLAIN ERROR IN DENYING DEFENSE COUNSEL'S MOTION FOR A JNOV.
. Taylor fails to cite authority to support the above listed assertions of error. Failure to cite relevant authority obviates the appellate court's obligation to review such issues. Williams v. State, 708 So. 2d 1358 ( 12) (Miss. 1998); Grey v. Grey, 638 So. 2d 488, 491 (Miss. 1994); McClain v. State, 625 So. 2d 774, 781 (Miss. 1993); Smith v. Dorsey, 599 So. 2d 529, 532 (Miss. 1992). Consequently, this Court is permitted to disregard these five issues Taylor raises on appeal. See Edlin v. State, 533 So. 2d 403, 409-10 (Miss.1988) (holding that " t is the duty of the appellant to overcome the presumption of the correctness of the trial court's judgment by demonstrating some reversible error"). We therefore proceed to the nine remaining issues before the Court.
I. THE TRIAL COURT COMMITTED PLAIN ERROR BY OVERRULING DEFENSE COUNSEL'S MOTION TO QUASH THE INDICTMENT BASED UPON THE THEORY OF MULTIPLICITY.
II. THE TRIAL COURT COMMITTED PLAIN ERROR BY OVERRULING DEFENSE COUNSEL'S MOTION TO QUASH THE INDICTMENT BASED UPON THE THEORY OF DUPLICITY.
. Taylor alleges the indictment under which she was ultimately convicted incorrectly contained five separate counts of embezzlement which should have been combined into one count of embezzlement, thus constituting multiplicity. Taylor cites federal authority that, however persuasive, is non-binding on the Court under these circumstances. We instead look to Mississippi statutory authority and case law for guidance. Multiple count indictments are addressed by Miss. Code Ann. § 99-7-2 (Rev. 1994). The State charged Taylor with four distinct and separate counts of embezzlement in Counts I - IV and one count of embezzlement that covered a time frame exclusive of the specific dates enumerated in Counts I-IV, but inclusive of the dates surrounding Counts II - IV. The above referenced statute allows offenses charged in one indictment to be listed as separate counts if the offenses are based on the same act or transaction or are a part of a common scheme or plan. "Embezzlement, when committed by a series of connected transactions from day to day, may be alleged as on a single day . . . ." Davis v. State, 108 Miss. 710, 712, 67 So. 178, 180 (1915) (quoting Bishop's New Criminal Procedure § 398 (4th Ed.)). Taylor was convicted of embezzling money from the same fund, in the same manner, on separate occasions while serving as deputy city clerk over a specified period of time. Nothing in Davis obligates the prosecution to combine a series of acts into one count where there is proof that distinct amounts were taken on different dates.
. "Duplicity in criminal pleading is the joinder of two or more distinct and separate offenses in the same count of an indictment or information." Hitt v. State, 217 Miss. 61, 67, 63 So. 2d 665, 668 (1953) (quoting Am.Jur. Indictments and Information § 124). "The sett
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