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JIMMIE GRIFFIN A\\K\\A JIMMY GRIFFIN v. STATE OF MISSISSIPPI

9/24/1992

Sam Clifton, for appellant.


Michael C. Moore and John R. Henry, Jr., for appellee.


BEFORE R.N. LEE, C.J., PITTMAN AND McRAE, JJ.


PITTMAN, JUSTICE, FOR THE COURT:


Jimmie Griffin a/k/a Jimmy Griffin and Michael G. Clark were indicted by the Bolivar County Grand Jury on October 23, 1990, for the September 15, 1990, burglary of the Crockett Food Mart in Cleveland, Mississippi. Griffin, having two prior convictions for burglary, was also indicted as a an habitual offender under Miss. Code Ann. 99-19-81 (1972). A jury trial on charges against Griffin and Clark was held on December 17, 1990. The jury returned a verdict of not guilty on the charges against Clark. The jury returned a verdict of guilty on the charges against Griffin. Aggrieved by the guilty verdict, Griffin has appealed to this Court assigning several errors. Finding no reversible error, this Court affirms.


I.


Crockett Food Mart at 1024 South Chrisman and on the corner of Wade Grove Street in Cleveland, Mississippi, was burglarized in the early morning hours of September 15, 1990. Jimmie a/k/a Jimmy Griffin and Michael Clark were charged with the crime.


Eddie Lee" Sleepy "Crockett, owner of Crockett Food Mart, closed his store at 1:00 a.m. on September 15, 1990. Only one of the three outside lights was turned on. He returned to the store to check things at 2:10 a.m. Crockett drove around the store. No outside light was shining, and Crockett assumed that the bulb had blown.


Cheewautha Lee, a resident of South Chrisman, living seven or eight houses south of the store, was walking south on Chrisman at 3:00 or 4:00 a.m. Lee had been to B's Club north of the store on Chrisman. She passed the store and heard pop bottles falling. The sound came from inside the store. Lee passed Willie Earl Coleman, who was walking north on Chrisman. She told him," There's somebody in the store. "Coleman told her," Yeah,


I'm going that way and I'll see `cause I think I saw something the first time I passed through there. "Lee went home.


Sometime after 2:00 a.m. Coleman then decided to walk down the street to see if the B & L Lounge was open. Coleman passed the store on his way to the B & L. As he passed, he noticed a" flick "of light inside the store. Coleman continued to walk toward B & L. When he got to B & L, it was closed. He turned around and headed back to his home. He passed Lee. As Coleman passed the store a second time, he noticed another" flick "of light and realized that it was a cigarette lighter. Coleman hid beside the church, across the street from the store, on the corner of Chrisman and Wade Grove. He waited three or four minutes. Coleman could not see the store, but soon saw two men, whom he assumed had just left the store, crossing the street and walking away from the store. Coleman recognized Michael Clark, but did not recognize the other man. He later identified Griffin as the other man he saw that night. The two men were each carrying brown paper grocery sacks. Coleman followed the two men at a safe distance as they walked away from the store for a block or two.


Officer E. Bruce Gresham was the first officer called to the scene of the burglary the morning of September 15, 1990. When Gresham arrived, he was met by Dorothy Marshall, an employee of the store who had called the police when she discovered the break-in. Investigator George Serio of the Cleveland Police Department was called to the scene. He found a hole in the front door where a panel had been knocked out, cartons of cigarettes and loose cigarettes scattered on the floor, and store items pulled from the shelves. A meat cleav

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