GIBBY v. STATE

No. 97-KA-00731-SCT.

744 So.2d 244 (1999)

James T.N. GIBBY a/k/a James Travis Newton Gibby a/k/a James T. Gibby a/k/a James N. Gibby v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied August 12, 1999.


Attorney(s) appearing for the Case

Veldore F. Young, Meridian, Attorney for Appellant.

Office of the Attorney General by Scott Stuart, Attorney for Appellee.

EN BANC.


BANKS, Justice, for the Court:

¶ 1. We have for review an armed robbery conviction. We find that the evidence was not sufficient to support the armed robbery conviction, but was sufficient to support a conviction on the lesser included offense of simple robbery. Accordingly, we reverse and remand.

I.

¶ 2. On September 23, 1995, Gibby and another man, Casey Welford (now deceased), went to Johnson Dodge automobile dealership in Meridian,...

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