Collins v. State
Collins v. State
Opinion
¶ 1. Larry Collins was convicted of the crimes of rape and armed robbery arising out of an incident that occurred at Lake Lowndes campground in Lowndes County. On appeal, Collins asserts two issues for consideration. First, he contends that the State's evidence implicating him in the crimes was insufficient as a matter of law to sustain the verdicts of guilty returned by the jury. Alternatively, he contends that the guilty verdicts were against the weight of the evidence to the degree that he should be granted a new trial.
¶ 2. We find both issues to be procedurally barred from consideration on appeal and, for that reason, affirm the verdicts of guilty and the resulting judgment of sentence.
¶ 3. At the conclusion of the State's proof, Collins moved for a directed verdict of acquittal on the basis that the prosecution had failed as a matter of law to present evidence of all of the essential elements of the crimes for which he was being tried. The trial court denied the motion and the defense proceeded to call one witness for the defense. At the conclusion of that witness's testimony, the defense rested. Collins's motion for a directed verdict of acquittal was not renewed.
¶ 4. It is a long-established rule in Mississippi that if a defendant tests the sufficiency of the State's evidence by way of a motion for directed verdict of acquittal after the prosecution has rested and that motion is unsuccessful, the defendant is deemed to have waived a claim of error based on that denial if he proceeds to put on evidence in defense and then fails to renew the motion at the close of all the evidence. Turner v. State,
¶ 5. Essentially the same considerations hold true in regard to Collins's alternate contention that the verdict was against the weight of the evidence, entitling him to a new trial. An appellate court's purpose is to deal with errors committed by the trial court in the course of conducting a trial. Collins v. State,
¶ 6. Because there was no motion for new trial filed in this cause, there is no error by the trial court regarding its evaluation of the evidence for this Court to review under the applicable abuse of discretion standard. Collins's second contention is procedurally barred.
¶ 7. THE JUDGMENT OF THE CIRCUIT COURT OF LOWNDES COUNTY OFCONVICTION ON COUNT I OF RAPE AND SENTENCE OF LIFE AND ON COUNT II OFARMED ROBBERY AND SENTENCE OF LIFE IN THE CUSTODY OF THE MISSISSIPPIDEPARTMENT OF CORRECTIONS, WITH SENTENCES TO RUN CONSECUTIVELY AND SHALLNOT BE REDUCED OR SUSPENDED AND DEFENDANT SHALL NOT BE ELIGIBLE FORPAROLE OR PROBATION, IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSEDTO LOWNDES COUNTY. KING AND SOUTHWICK, P. JJ., BRIDGES, THOMAS, LEE, IRVING, MYERS,CHANDLER AND GRIFFIS, JJ., CONCUR.
Reference
- Full Case Name
- Larry Collins v. State of Mississippi
- Cited By
- 5 cases
- Status
- Published