Rickie Omar Smith v. State of Mississippi, 250 So. 3d 421

On April 27, 2016, three men forced entry into Jessica Joe‑Cobblah Turner’s Port Gibson home; one (later identified as Rickie Omar Smith) choked, threatened, and assaulted her while another brandished a handgun. A third acted as lookout.
The assailants ransacked the home, took at least $400 from the bedroom, and stole items including a red designer belt and a PlayStation; victim identified Smith in a photo lineup and at trial, and testified she saw his forehead tattoo and was certain of his identity.
Smith was indicted for armed robbery (count listing playstation, wallet, purse, and ~$400) and burglary of a dwelling; the jury convicted on both counts and the court sentenced Smith to concurrent terms (30 years for armed robbery; 25 years for burglary).
Post‑trial motions, including JNOV challenging sufficiency of the evidence as to armed robbery, were denied; Smith appealed arguing the State failed to prove theft of the specific items (purse and wallet) listed in the indictment.
The key contested legal question was whether inclusion of specific property in the indictment and jury instruction required the State to prove recovery/theft of each listed item, or whether proof that any personal property was taken sufficed to support armed robbery.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for armed robbery (given indictment named specific items)	State: conviction supported because evidence showed Smith participated in violent taking of victim’s personal property (≥$400, PlayStation, red belt); identity and use of weapon proven.	Smith: indictment and jury instruction named specific items (wallet, purse); because those items weren’t proven, the State failed to prove the property element as alleged.	Court: Affirmed. Property description in indictment was surplusage; armed robbery requires proof that personal property was taken by force/fear, not proof of every item listed. Any proven items taken (cash, belt, PlayStation) suffice.

Cowart v. State, 178 So. 3d 651 (Miss. 2015) (standard for reviewing sufficiency of the evidence in criminal cases)
Batiste v. State, 121 So. 3d 808 (Miss. 2013) (robbery indictment need not list the specific item taken)
Richmond v. State, 751 So. 2d 1038 (Miss. 1999) (indictment that mistakenly adds an element may force State to prove that element if trial court refuses amendment)
Grimsley v. State, 60 So. 2d 509 (Miss. 1952) (State may prove theft of more or fewer items than alleged if value/quantity still satisfies charge)
Nations v. State, 199 So. 3d 1265 (Miss. Ct. App. 2016) (failure of proof as to some items in indictment does not require acquittal where remaining proven items support conviction)
Passons v. State, 45 So. 2d 131 (Miss. 1950) (robbery test is whether any of the property named in the indictment was taken by force/fear)
Lenoir v. State, 224 So. 3d 85 (Miss. 2017) (motion for JNOV tests evidentiary sufficiency)