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IN THE COURT OF APPEALS 06/04/96 OF THE STATE OF MISSISSIPPI
NO. 95-KA-00193 COA

AARON CARAY TRAVIS APPELLANT v. STATE OF MISSISSIPPI APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. JAMES E. GRAVES, JR. COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT ATTORNEY(S) FOR APPELLANT: EDWARD BLACKMON, JR. ATTORNEY(S) FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS, JR. DISTRICT ATTORNEY(S): EDWARD J. PETERS; PATRICIA BENNETT NATURE OF THE CASE: ARMED ROBBERY TRIAL COURT DISPOSITION: CONVICTION AND SENTENCED TO SERVE A TERM OF LIFE IN THE CUSTODY OF THE MDOC

BEFORE THOMAS, P.J., BARBER, AND PAYNE, JJ. PAYNE, J., FOR THE COURT: Aaron Caray Travis was indicted and convicted of armed robbery. The jury sentenced him to serve a life sentence in the custody of the Mississippi Department of Corrections. The court denied Travis's motion for JNOV or, in the alternative, a new trial. We find that none of Travis's issues on appeal has merit and therefore affirm. FACTS On December 10, 1993, the Westland Plaza branch of Trustmark National Bank was robbed of $9, 782.00. Michael Henderson and Travis were charged with and indicted for armed robbery of the bank. Evidence at trial indicated that Travis was a passenger in the getaway car but never entered the bank itself. Henderson and Travis apparently fled the scene in the former's automobile before becoming involved in an automobile accident near Metrocenter Mall. Trial evidence showed that Travis had fired shots at pursuing police officers during the automobile getaway attempt, and he also had shot at officers after exiting the wrecked automobile. He was subsequently stopped when one of the officers' bullets hit him in the back of the head. Officers followed a trail of money to Travis and found the money bag used in the robbery near him. Travis was eventually tried and convicted of aggravated assault on a law enforcement officer. The next trial, upon which this appeal is based, concerned the charge of armed robbery. Travis contended at trial that he had no idea that Henderson went into the bank to commit an armed robbery. He testified that Henderson and he drove to Westland Plaza in Henderson's car. Travis stated that he went into a store to get some potato chips and a soft drink and that, when he returned to the car, Henderson was gone. Travis said that, soon after he returned to the car, Henderson came running toward the car wearing a ski mask, jumped inside, threw a bag on his side of the car, and laid a gun down between them. He stated that, as they sped away, he never knew that Henderson had robbed a bank. He said that red smoke soon filled the car, and that he could not breathe or see because of it. He denied ever shooting at any police officers. The State contended that, although Travis never entered the bank, he clearly aided, assisted, and participated in the armed robbery as an accomplice such that he was a principal in its commission and as guilty by law as Henderson. Travis moved for a directed verdict both at the end of the State's case and at the end of his own case. The court denied both motions. The jury found Travis guilty of armed robbery and sentenced him to life imprisonment. The court later denied Travis's motion for JNOV or, in the alternative, a new trial. Travis now appeals the jury's verdict and sentence. ANALYSIS I. DID THE INDICTMENT OF ARMED ROBBERY GIVE TRAVIS NOTICE OF THE STATE'S CASE, AND DID THE INDICTMENT CONFORM TO THE PROOF PRESENTED BY THE STATE AT TRIAL?

Travis contends that there was substantial variance between the indictment and the proof presented by the State. He argues that the indictment failed to notify him that he could be convicted as an accessory to armed robbery since it only concerned the charge as a principal to the crime. He contends that the proof showed that he was not involved in the actual robbery because he never entered the bank with a gun or demanded money. The essence of his argument is that the indictment against him was for armed robbery, but the proof at trial showed at most that he was an accessory after the fact. Mississippi statutory law states that "[e]very person who shall be an accessory to any felony, before the fact, shall be deemed and considered a principal, and shall be indicted and punished as such . . . ." Miss. Code Ann.

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