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George v. State11/23/1999
612 (Miss. 1995); Clemons v. State, 460 So. 2d 835, 839 (Miss. 1984); Noe v. State, 616 So. 2d 298, 302 (Miss. 1993). If under this standard sufficient evidence was present to allow reasonable jurors to conclude all elements of the offense for which the appellant was convicted were proven, the motion should be denied. Brown v. State, 556 So. 2d 338, 340 (Miss. 1990); Butler v. State, 544 So. 2d 816, 819 (Miss. 1989). A finding that the evidence is insufficient results in a discharge of the defendant. May v. State, 460 So. 2d 778, 781 (Miss. 1984). In this case, the jury heard testimony and recorded statements showing George was present at the scene, fired a revolver and admitted "we" shot Lockhart. This evidence was sufficient to show he attempted to assault Lockhart, and there was no error.
. Where the weight of the evidence, as opposed to the sufficiency, is challenged, the jury's verdict is vacated on grounds relative to the weight of the evidence so that a new trial is granted as opposed to final discharge. Id. In determining whether a jury verdict is against the overwhelming weight of the evidence the court must accept as true the evidence which supports the verdict and will reverse only when convinced that the circuit court has abused its discretion in failing to grant a new trial. Herring v. State, 691 So. 2d 948, 957 (Miss. 1997) (citing Thornhill v. State, 561 So. 2d 1025, 1030 (Miss. 1989)). Only when the verdict is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable inJustice will it be disturbed on appeal. Benson v. State, 551 So. 2d 188, 193 (Miss. 1989) (citing McFee v. State, 511 So. 2d 130, 133-34 (Miss. 1987)). As the State concedes in its brief, the question is "close." However, the trial court observed the witnesses, the jurors, and the defendant, and we did not. Given the evidence, including George's own statements that he at least participated in a drive-by shooting, we decline to disturb the trial court's decision. There is no error.
. THE JUDGMENT OF THE CIRCUIT COURT OF COAHOMA COUNTY OF CONVICTION OF AGGRAVATED ASSAULT AND SENTENCE OF FIFTEEN (15) YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO COAHOMA COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, DIAZ, LEE, MOORE, AND PAYNE, JJ., CONCUR. IRVING, J., CONCURS IN RESULT ONLY.
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