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Lewis v. State4/7/1998
the evidence supporting a guilty verdict. Butler v. State, 544 So. 2d 816, 819 (Miss. 1989). Since Lewis did move for a J.N.O.V., we review the evidence on the last occasion when Lewis challenged the sufficiency of the evidence before the trial court, at the time of his motion for J.N.O.V. McClain, 625 So. 2d at 778; Wetz, 503 So. 2d at 807-08. As we have discussed the sufficiency of the evidence in the above issue, we need not review it here.
Lewis also argues that the verdict was against the overwhelming weight of the evidence. On appeal, this Court does not retry the facts, but must take the view of the evidence most favorable to the State and must assume that the fact-finder believed the State's witnesses and disbelieved any contradictory evidence. McClain, 625 So. at 778; Griffin v. State, 607 So. 2d 1197, 1201 (Miss. 1992). On review, we accept as true all evidence favorable to the State, and the State is given "the benefit of all favorable inferences that may reasonably be drawn from the evidence." Griffin, 607 So. 2d at 1201 (citations omitted). The Court will reverse such a ruling only for an abuse of discretion. McClain, 625 So. 2d at 781.
The record contains credible evidence indicating that Lewis was a convicted felon who had taken Woods's pistol for illicit purposes. The conflicting testimony presented by Lewis as to what role he played in the struggle over the discharged pistol created a jury question. The jury was responsible for resolving conflicts in the evidence and for evaluating the credibility of all witnesses. Based on the record before us, suffice it to say that the evidence was sufficient to allow the case to go to the jury, and the jury's verdict was not against the overwhelming weight of the evidence. This assignment of error is without merit.
THE JUDGMENT OF THE BOLIVAR COUNTY CIRCUIT COURT OF CONVICTION OF POSSESSION OF A FIREARM BY A CONVICTED FELON AND SENTENCE OF THREE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AS AN HABITUAL OFFENDER AND FINE OF $5,000 IS AFFIRMED. SENTENCE IMPOSED SHALL RUN CONSECUTIVELY TO ANY AND ALL SENTENCES PREVIOUSLY IMPOSED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO BOLIVAR COUNTY.
BRIDGES, C.J., McMILLIN, P.J., COLEMAN, DIAZ, HERRING, HINKEBEIN, KING, PAYNE, AND SOUTHWICK, JJ., CONCUR.
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