Lunon v. State, CR78-44

Decision Date05 September 1978
Docket NumberNo. 1,No. CR78-44,CR78-44,1
Citation264 Ark. 188,569 S.W.2d 663
PartiesEarl James LUNON, Jr., Appellant, v. STATE of Arkansas, Appellee
CourtArkansas Supreme Court

John W. Achor, Public Defender by William R. Simpson, Jr., Deputy Public Defender, Little Rock, for appellant.

Bill Clinton, Atty. Gen. by Joyce Williams Warren, Asst. Atty. Gen., Little Rock, for appellee.

HOLT, Justice.

A jury found appellant guilty of the crimes of aggravated robbery and theft of property and assessed his punishment in the Department of Correction at five years for aggravated robbery and one year for theft of property. Appellant first contends that the evidence was insufficient. We cannot agree.

A local bank was robbed at gun point by two males. 1 One witness, a bank employee, watched the robbers leave the bank, walk across the street and through a shopping area into the woods behind it. Although she observed appellant from the back only, she positively identified him as one of the robbers in a lineup and at trial. The branch manager of the bank was unable to identify appellant positively but gave a general description of him. Four hundred and twenty-nine photographs of the robbery, taken by the bank's automatic camera, were in evidence for the jury's consideration in determining appellant's identity. Twenty-seven of these pictures were enlarged, some of which depicted unmasked facial features of both robbers. It was for the jury to decide the credibility of the witnesses and the question of identification. Tarkington v. State, 250 Ark. 972, 469 S.W.2d 93 (1971); and Lacy v. State, 240 Ark. 84, 398 S.W.2d 508 (1966).

In determining the sufficiency of the evidence on appeal, we view the evidence in the light most favorable to the appellee and affirm if there is any substantial evidence to support the jury's verdict. Murphy v. State, 248 Ark. 794, 454 S.W.2d 302 (1970). Here the recited evidence was amply substantial.

Appellant also argues that the court erred in failing to grant his pretrial motion for severance. Rules of Crim.Proc., Rule 22.1(b) states:

If a defendant's pretrial motion for severance is overruled, he may renew the motion on the same grounds before or at the close of all the evidence. Severance is waived by failure to renew the motion.

Appellant did not renew his motion before or at the close of all the evidence. Accordingly, severance was waived.

Affirmed.

We agree: HARRIS, C. J., and GEORGE ROSE...

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28 cases
  • Fisher v. State
    • United States
    • Arkansas Court of Appeals
    • December 8, 1982
    ...made in the case at bar was not raised in either case. See, French v. State, 271 Ark. 445, 609 S.W.2d 42 (1980); Lunon v. State, 264 Ark. 188, 569 S.W.2d 663 (1978). This case presents the question of whether photographic evidence may be admitted as substantive evidence under the "silent wi......
  • Hughes v. State
    • United States
    • Arkansas Court of Appeals
    • December 16, 1981
    ...in the light most favorable to the State and affirm if there is any substantial evidence to support the verdict. See Lunon v. State, 264 Ark. 188, 569 S.W.2d 663 (1978), and Smith v. State, No. CA 81-89, Ark.App., 623 S.W.2d 862 (Opinion delivered November 25, 1981). The court in Jones v. S......
  • Hinton v. State
    • United States
    • Arkansas Supreme Court
    • December 17, 2015
    ...if there is substantial evidence to support the conviction. Norton v. State, 271 Ark. 451, 609 S.W.2d 1 (1980) ; Lunon v. State, 264 Ark. 188, 569 S.W.2d 663 (1978). Additionally, when construing a statute, we must construe the statute just as it reads, giving the words their ordinary and u......
  • Fountain v. State, CR
    • United States
    • Arkansas Supreme Court
    • September 14, 1981
    ...affirm if there is substantial evidence to support the conviction. Norton v. State, 271 Ark. 451, 609 S.W.2d 1 (1980); Lunon v. State, 264 Ark. 188, 569 S.W.2d 663 (1978). Evidence is substantial if it is of sufficient force and character to compel a conclusion of reasonable and material ce......
  • Request a trial to view additional results

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