167 So. 3d 1286
Miss. Ct. App.2014Background
- On Aug. 11, 2012, Jimmy Whatley, owner of K&J Grocery and Grill in Greenville, asked a group of ~10 men to leave; all dispersed except Jeremy Edwards.
- Whatley testified Edwards entered the store, argued, was escorted out, later stood across the street holding something black, and moments after Whatley reentered the store gunshots occurred.
- Projectiles struck the store door and apparently damaged Whatley’s vehicle; police recovered a projectile from the vehicle the next day but could not trace it to a gun or person.
- No physical evidence tied Edwards to a firearm; police did not recover a gun or ballistics linking Edwards to the shots. Whatley was the only eyewitness and did not see the shooter fire.
- Edwards was charged under Miss. Code Ann. §97-37-29 (shooting into an occupied building), moved for a directed verdict/JNOV based on insufficient evidence, was convicted by a jury, and sentenced to five years (one year to serve, four years post-release supervision); the conviction was appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to deny directed verdict / sustain conviction for shooting into occupied building | State: Damage to store, recovered projectile, and Whatley’s identification and testimony allowed reasonable inference that someone willfully shot into the building and that Edwards was the shooter | Edwards: No physical evidence linking him to the gun or projectile; Whatley did not see the shooter fire; evidence insufficient to prove beyond a reasonable doubt he committed the act | Affirmed: Viewing evidence in prosecution’s favor and allowing reasonable inferences, a rational jury could find Edwards guilty beyond a reasonable doubt |
Key Cases Cited
- Miles v. State, 956 So. 2d 349 (Miss. Ct. App. 2007) (standard for legal sufficiency review)
- Conner v. State, 138 So. 3d 158 (Miss. Ct. App. 2013) (reasonable juror conclusions and sufficiency standard)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (beyond a reasonable doubt and sufficiency principles)
- Williams v. State, 879 So. 2d 1126 (Miss. Ct. App. 2004) (testimonial evidence can suffice despite lack of physical evidence)
- Graham v. State, 812 So. 2d 1150 (Miss. Ct. App. 2002) (supporting precedent that testimonial evidence may sustain conviction)
- Travis v. State, 972 So. 2d 674 (Miss. Ct. App. 2007) (jury may infer guilt when no one directly observes the criminal act)
- May v. State, 569 So. 2d 1188 (Miss. 1990) (upholding conviction for shooting into a dwelling absent a witness to the act)