James Lee Brent v. State of Mississippi

GRIFFIS, P.J., DISSENTING:

¶ 21. Because I would affirm the conviction under Count III, I respectfully dissent.

¶ 22. There was no direct evidence by a witness who saw the gun. However, "the absence of physical evidence does not negate a conviction where there is testimonial evidence." Sanders v. State , 162 So.3d 868 , 870 (¶ 11) (Miss. Ct. App. 2015). Here, Banks testified he felt something like a gun on the back of his head. He said that he believed Brent possessed a gun because it felt hard against his skull. Banks insisted that it did not feel like a finger. "[O]ne can possess a firearm…