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Tanner v. State5/4/2000
ress this issue during cross-examination. However, Tanner did extensively go through the checks and check numbers during cross-examination. Although Tanner may have not specifically used the term "sequence," he did refer to the check numbers and specifically referred to the check and number in dispute. Consequently, it was not error for the State to ask if the highest number missing from the checkbook was written on the same day Wood died. Therefore, this issue is without merit.
D.
. The prosecution asked Detective McCann during redirect:
Q: Detective Winstead, do you know of any person - do you, Brent Winstead, know of any person in this universe other than Boman Tanner who got caught selling Verna Wood's jewelry the afternoon she was killed?
. Once again, Tanner asserts that the above testimony was not addressed on cross-examination. However, a review of the record, shows that the issue of Tanner selling the diamonds had been discussed on at least three other occasions during cross-examination. The trial court has broad discretion on matters of redirect, and, absent an abuse of discretion, its decisions will not be overturned. Blue, 674 So. 2d at 1212. Accordingly, this Court concludes the redirect was proper and finds this issue to be without merit.
XII.
WHETHER THE VERDICT OF GUILTY IS SUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE
. Tanner asserts that there is uncontroverted evidence that Tanner was in a jewelry store at the same time Wood's neighbor saw her followed by a man into her house. Furthermore, Tanner argues that this uncontroverted evidence precludes a verdict of guilty. The State, in return, asserts the record supports the charge of capital murder.
. The standard of review for the legal sufficiency of evidence is well settled:
e must, with respect to each element of the offense, consider all of the evidence--not just the evidence which supports the case for the prosecution--in the light most favorable to the verdict. The credible evidence which is consistent with the guilt must be accepted as true. The prosecution must be given the benefit of all favorable inferences that may reasonably be drawn from the evidence. Matters regarding the weight and credibility to be accorded the evidence are to be resolved by the jury. We may reverse only where, with respect to one or more of the elements of the offense charged, the evidence so considered is such that reasonable and fair-minded jurors could only find the accused not guilty. Gleeton v. State, 716 So. 2d 1083, 1087 (Miss. 1998).
Furthermore, factual disputes are properly resolved by a jury and do not mandate a new trial. McNeal v. State, 617 So. 2d 999, 1009 (Miss. 1993).
"[When] there is substantial evidence consistent with the verdict, evidence which is of such weight and quality that, keeping the burden of proof beyond a reasonable doubt in mind, "fair-minded" [jurors] in the exercise of impartial judgment might reach different conclusions, the jury's verdict should be allowed to stand." Ashford v. State, 583 So. 2d 1279, 1281 (Miss. 1991).
. In the present case, sufficient evidence was presented to the jury to support a conviction of guilty. On March 5, 1997, the day Wood was killed, Tanner lost approximately $3,000 at a casino. Phone records indicate Tanner was in his house at 3:35 p.m. that same day. Further testimony at trial also placed Wood returning home sometime shortly after 3:30 p.m. Shaddix testified that Tanner told him he followed Wood into her house, killed her, and took her rings. Wood's neighbor also testified she saw someone follow Wood into her house that day between 4
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