Smothers v. State

LEE, J.,

for the Court:

¶ 1. The appellant, Quincy Smothers, was tried by jury in the Circuit Court of Hinds County and appeals his conviction for the crime of armed robbery in violation of Miss.Code Ann. § 97-3-79 (Rev.1994). He was subsequently sentenced to twenty-five years in the custody of the Mississippi Department of Corrections, said sentence to run consecutively to any other sentence being served. He asserts that he is entitled to a new trial, claiming that the trial court improperly refused an instruction on the lesser offense of larceny by trick, and that the verdict was contrary to…