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IN THE COURT OF APPEALS 4/22/97 OF THE STATE OF MISSISSIPPI
NO. 94-KA-00518 COA

MELVIN MARSHALL THAGGARD 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. LARRY EUGENE ROBERTS COURT FROM WHICH APPEALED: CLARKE COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: LESLIE GATES ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY DISTRICT ATTORNEY: MITCHELL, BILBO NATURE OF THE CASE: CRIMINAL TRIAL COURT DISPOSITION: SALE OF COCAINE: SENTENCED TO 30 YEARS IN THE MDOC WITH 14 YEARS SUSPENDED; 5 YEARS PROBATION AND 16 YEARS TO SERVE

CERTIORARI FILED: 8/14/97 MANDATE ISSUED: 10/16/97 BEFORE THOMAS AND McMILLIN P.JJ., AND KING, J. KING, J., FOR THE COURT:

Melvin Thaggard was tried in the Circuit Court of Clarke County on an indictment charging the sale of cocaine, a controlled substance. He was convicted of that offense and sentenced to a term of thirty years in the custody of the Mississippi Department of Corrections with fourteen years suspended, five years probation, and sixteen years to serve. From that conviction and sentence Thaggard appeals. Thaggard alleges the following points of error: (1) the evidence was insufficient to support the verdict; (2) the trial court erred in granting jury instruction S-6, an accomplice instruction; (3) the trial court erred in granting instruction S-5, an aiding and abetting instruction; (4) the trial court erred in failing to adequately instruct the jury on the essential elements of the principal offense; and (5) the trial court erred in failing to grant a new trial. Finding Thaggard's arguments to be without merit, we affirm the trial court's judgment. FACTS On February 3, 1993, Melvin Thaggard encountered undercover narcotics agent Homer Kemp outside his residence at Stonewall Apartments in Clarke County. Kemp asked Thaggard if he had any cocaine, and Thaggard told him, "No, but let's go to Rayford's apartment." Thaggard led Kemp to Rayford Jordan's apartment and Kemp knocked on the door. Jordan came out and the three walked down the sidewalk. Kemp asked Jordan if he knew where he could get a couple of pieces of crack cocaine. When Jordan did not respond, Thaggard hollered out that they could get some cocaine from Greg Atterberry across the tracks. Kemp told him that he did not have enough gas to go elsewhere to look for any drugs. That's when Jordan said that he knew where Kemp could get some. Jordan, then, left Kemp and Thaggard and went to another apartment to get the crack cocaine. When Jordan returned he had two rocks of crack cocaine, which he gave to Kemp in exchange for $40.00. Kemp got into his car and left. Subsequently, Jordan was charged with the sale of a controlled substance but he was not apprehended. Thaggard was charged and arrested for the same offense and later convicted by a jury in the Circuit Court of Clarke County. I. WAS THE EVIDENCE SUFFICIENT TO SUPPORT THE VERDICT?

Thaggard was charged and convicted of the sale of cocaine, a controlled substance under section 4129-139(a)(1). That statute prohibits anyone from engaging in the "sell, barter, transfer, or distribution of a controlled substance." Miss. Code Ann.

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