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Bolden v. State

Supreme Court of Nevada
Feb 25, 1981
97 Nev. 71 (Nev. 1981)

Summary

holding that it is for the jury to determine the weight and credibility to give conflicting testimony, and the jury's verdict will not be disturbed where it is supported by substantial evidence

Summary of this case from McHatton v. State

Opinion

No. 12238

February 25, 1981

Appeal from Eighth Judicial District Court, Clark County; Howard W. Babcock, Judge.

Morgan D. Harris, Public Defender, and Peter J. Christiansen, Deputy Public Defender, Clark County, for Appellant.

Richard H. Bryan, Attorney General; Robert J. Miller, District Attorney, and James Tufteland, Deputy District Attorney, Clark County, for Respondent.


OPINION


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.


Summaries of

Bolden v. State

Supreme Court of Nevada
Feb 25, 1981
97 Nev. 71 (Nev. 1981)

holding that it is for the jury to determine the weight and credibility to give conflicting testimony, and the jury's verdict will not be disturbed where it is supported by substantial evidence

Summary of this case from McHatton v. State

upholding a jury verdict where conflicting testimony was presented

Summary of this case from Fox v. State

upholding a jury verdict where conflicting testimony was presented

Summary of this case from Baehr v. State

providing that the jury's verdict will not be disturbed where it is supported by substantial evidence

Summary of this case from Gillen v. State

reiterating that when conflicting testimony is presented, it is for the jury to determine what weight and credibility to give it

Summary of this case from Lawes v. State

noting that it is the jury's function to weigh witness credibility

Summary of this case from Valdez v. State
Case details for

Bolden v. State

Case Details

Full title:RUDY BOLDEN, APPELLANT, v. THE STATE OF NEVADA, RESPONDENT

Court:Supreme Court of Nevada

Date published: Feb 25, 1981

Citations

97 Nev. 71 (Nev. 1981)
624 P.2d 20

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