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Forkner v. State11/30/2004
er which was the subject of Count I of the indictment was the air conditioning unit Harrison testified she saw Forkner pull over to the side of the road outside of Trevillion's hunting camp, retrieve an air conditioner from the ditch, and place the air conditioner into the trunk of the car. Through this testimony, an inference was made by the jury that Forkner had previously removed the air conditioner and placed it by the road for later retrieval. "It is within the discretion of the jury to accept or reject testimony by a witness, and the jury 'may give consideration to all inferences flowing from the testimony.'" Quarles v. State, 863 So. 2d 987, 988 ( ) (MisS.Ct. App. 2004) (quoting Magnum v. State, 762 So. 2d 337 ( ) (Miss. 2000)).
. Issues of credibility and the weight assigned to the testimony presented are determinations which are made by the jury. Jackson v. Griffin, 390 So. 2d 287, 289 (Miss. 1980). As the jury's verdict was supported by the evidence, we will not disturb it on appeal. Therefore, we find this issue to be without merit.
VIII. WHETHER THERE ARE CUMULATIVE ERRORS WHICH REQUIRE REVERSAL. STANDARD OF REVIEW
. This Court may reverse a conviction and sentence based upon the cumulative effect of errors that independently would not require reversal. Jenkins v. State, 607 So. 2d 1171, 1183-84 (Miss. 1992). However, where there was no reversible error in any part, there is no reversible error as to the whole. McFee v. State, 511 So. 2d 130, 136 (Miss. 1987).
DISCUSSION
. Forkner lastly contends that he was deprived of a fundamentally fair and impartial trial due to the cumulative errors throughout the trial. As we have found no reversible error with any aspect of the trial, reversal due to cumulative errors is not proper. Id. Therefore, this issue is without merit.
. THE JUDGMENT OF THE CIRCUIT COURT OF WILKINSON COUNTY OF CONVICTION OF BURGLARY OF A STOREHOUSE AND SENTENCE OF LIFE IMPRISONMENT IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AS A HABITUAL OFFENDER, IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO WILKINSON COUNTY.
KING, C.J., BRIDGES AND LEE, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES AND ISHEE, JJ., CONCUR.
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