Kendrick Jeroum Body v. State of Mississippi
147 So. 3d 890
| Miss. Ct. App. | 2014Background
- Body was convicted of possession of a firearm by a convicted felon and sentenced to eight years.
- During trial, Body moved for a directed verdict ore tenus, which the court denied.
- Body also moved for a new trial after trial, which the court denied.
- Investigator Williams testified a backpack with a Manurhin handgun was found near Body.
- Evans testified Body did not have a gun when they ran from the scene.
- The appellate court affirmed, holding constructive possession supported by proximity of the gun to Body.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of directed verdict and new trial | Body contends evidence was legally insufficient | State argues sufficient evidence supported conviction | No reversible error; sufficient evidence supported verdict |
| Peremptory instruction | No separate argument briefed with authorities | State argues procedurally barred issue | Procedurally barred; not considered |
Key Cases Cited
- McGee v. River Region Med. Ctr., 59 So. 3d 575 (Miss. 2011) (de novo review of directed verdict)
- Wal‑Mart Stores Inc. v. Littleton, 822 So. 2d 1056 (Miss. Ct. App. 2002) (directed verdict standard)
- Spotlite Skating Rink Inc. v. Barnes ex rel. Barnes, 988 So. 2d 367 (Miss. 2008) (test for when to grant directed verdict)
- Gill v. State, 126 So. 3d 128 (Miss. Ct. App. 2013) (weight and credibility of witnesses)
- Edwards v. State, 966 So. 2d 837 (Miss. Ct. App. 2007) (burden to prove felon status and possession)
- Johnson v. State, 42 So. 3d 53 (Miss. Ct. App. 2010) (constructive possession defined)
- Evans v. State, 802 So. 2d 137 (Miss. Ct. App. 2000) (credibility of witnesses is jury's prerogative)
- Campbell v. State, 125 So. 3d 46 (Miss. 2013) (weight of the evidence standard)