Bolden v. State

Citation97 Nev. 71,624 P.2d 20
Decision Date25 February 1981
Docket NumberNo. 12238,12238
PartiesRudy BOLDEN, Appellant, v. The STATE of Nevada, Respondent.
CourtSupreme Court of Nevada
OPINION

MOWBRAY, Justice:

A jury convicted Rudy Bolden of robbery. He seeks reversal on the sole ground that the evidence presented at his trial did not support the jury's verdict. We disagree and affirm Bolden's judgment of conviction.

THE FACTS

Bolden, on February 14, 1979, pointed a .38 caliber revolver at a food checker in a grocery store and grabbed a handful of currency from the cash register. He fled the premises. The checker, soon after the robbery, identified an old photograph of Bolden from 250 prints at the police station. She repeated the identification several weeks later from a more recent picture. Finally, the checker made positive in-court identification of Bolden.

SUBSTANTIAL EVIDENCE TO CONVICT

Appellant presented an alibi defense: he and his aunt testified that he was in Louisiana on February 13 and 14, 1979; he introduced an envelope, without a letter, postmarked February 13, 1979, mailed from Louisiana and purportedly bearing Bolden's nickname "Shyface" as the return addressee.

This Court has repeatedly held as recently as Stewart v. State, 94 Nev. 378, 580 P.2d 473 (1978) "that where 'there is conflicting testimony presented, it is for the jury to determine what weight and credibility to give to the testimony.' Hankins v. State, 91 Nev. 477, 538 P.2d 167, 168 (1975). Accord, Lloyd v. State, 94 Nev. 167, 576 P.2d 740 (1978); Porter v. State, 94 Nev. 142, 576 P.2d 275 (1978). Where, as here, there is substantial evidence to support the jury's verdict, it will not be disturbed on appeal. Cunningham v. State, 94 Nev. 128, 575 P.2d 936 (1978); Sanders v. State, 90 Nev. 433, 529 P.2d 206 (1974)."

For these reasons we affirm the appellant's judgment of conviction.

GUNDERSON, C. J., and MANOUKIAN, BATJER and SPRINGER, JJ., concur.

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440 cases
  • Rogers v. McDaniel
    • United States
    • U.S. District Court — District of Nevada
    • July 8, 2011
    ...assault convictions were felonies involving violence which would support the finding of that aggravating circumstance. Bolden v. State, 97 Nev. 71, 624 P.2d 20 (1982). The evidence of physical abuse in the stabbing of Emery and Mary, the execution of Miriam, and the struggle with Emery befo......
  • Collman v. State
    • United States
    • Nevada Supreme Court
    • August 23, 2000
    ... ... Wilkins v. State, 96 Nev. 367, 374, 609 P.2d 309, 313 (1980) ... This court will not disturb a jury's verdict on appeal where there is substantial evidence to support it. Bolden v. State, 97 Nev. 71, 624 P.2d 20 (1981) ... The jury determines what weight and credibility to give conflicting testimony. Id. Circumstantial evidence alone may support a judgment of conviction. Deveroux v. State, 96 Nev. 388, 391, 610 P.2d 722, 724 (1980) ...         Collman ... ...
  • Richardson v. State, 54951.
    • United States
    • Nevada Supreme Court
    • November 9, 2012
    ...and that substantial evidence supports the jury's verdict; therefore, we will not disturb the jury's verdict. See Bolden v. State, 97 Nev. 71, 73, 624 P.2d 20, 20 (1981) ; see also McNair v. State, 108 Nev. 53, 56, 825 P.2d 571, 573 (1992).Closing argument Richardson argues that the distric......
  • Watson v. State
    • United States
    • Nevada Supreme Court
    • October 2, 2014
    ...(circumstantial evidence alone may sustain a conviction). We therefore will not disturb the jury's verdict. See Bolden v. State, 97 Nev. 71, 73, 624 P.2d 20, 20 (1981). Motion for Watson contends that the district court erred in denying his motion to dismiss counsel and represent himself. H......
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