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IN THE COURT OF APPEALS 04/23/96 OF THE STATE OF MISSISSIPPI
NO. 93-KA-00428 COA

ROBERT EARL GRAVES 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. ISADORE W. PATRICK, JR. COURT FROM WHICH APPEALED: WARREN COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANTS: EUGENE A. PERRIER ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART NATURE OF THE CASE: CRIMINAL: MANSLAUGHTER TRIAL COURT DISPOSITION: CONVICTION; SENTENCED TO FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS

BEFORE BRIDGES, P.J., DIAZ, AND SOUTHWICK, JJ. PER CURIAM

Robert Graves was convicted of manslaughter for the death of Jerome Turner. On appeal he argues that the conviction was contrary to the overwhelming weight of the evidence. We affirm. FACTS The defendant Robert Graves, the deceased Jerome Turner, and several other males were gathered on February 20, 1992 outside the Washington Cafe in Vicksburg. Turner was killed, and the question is who did the shooting. Graves testified that Homer Lenoir did so. Lenoir said Graves did. Testimony from two other witnesses directly pin-pointed Graves.

DISCUSSION The only appellate issue is whether the conviction was against the overwhelming weight of the evidence. Graves argues that no one except the person Graves said is the actual killer, Lenoir, testified to seeing Graves do the shooting. Nonetheless, that testimony is admissible evidence. Lenoir's sister testified that Graves shortly after the killing admitted that he had shot Turner. One other witness was inside the cafe where Turner had stumbled after being shot. He testified Graves was trying to force his way in while saying "I'm going to finish" Turner. The day after the shooting Graves told the owner of the weapon where the gun had been thrown into bushes. The credibility of witnesses and the weight and value of their testimony are to be determined by the jury. Burrell v. State, 613 So. 2d 1186, 1192 (Miss. 1993). This appellate court does not serve as a new jury. We do not reevaluate the evidence and determine what we would have done in the jury's place. Taking all the evidence in the light most favorable to the State, including eyewitness testimony that Graves shot Turner, we do not find the verdict against the overwhelming weight of the evidence. Griffen v. State, 607 So. 2d 1197, 1200-01 (Miss. 1990). No other objection is made. We therefore affirm. THE JUDGMENT OF CONVICTION OF THE WARREN COUNTY CIRCUIT COURT OF MANSLAUGHTER AND SENTENCE OF FIFTEEN (15) YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO BE SERVED CONSECUTIVELY WITH THE SENTENCE IN 10, 918-P IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE TAXED TO WARREN COUNTY.

FRAISER, C.J., BRIDGES AND THOMAS, P.JJ., BARBER, COLEMAN, DIAZ, KING, McMILLIN, PAYNE, AND SOUTHWICK, JJ., CONCUR.



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