Francis v. State

• Decision Date: 29 January 1906
• Citation: Francis v. State, 87 Miss. 493, 39 So. 897 (Miss. 1906)
• Court: Mississippi Supreme Court
• Parties: RUFUS FRANCIS v. STATE OF MISSISSIPPI

39 So. 897

87 Miss. 493

RUFUS FRANCIS v. STATE OF MISSISSIPPI

Supreme Court of Mississippi

January 29, 1906

November 1905

FROM the circuit court of Harrison county, HON. WILLIAM T MCDONALD, Judge.

Francis the appellant, was indicted and tried for and convicted of grand larceny, and appealed to the supreme court. The indictment charges that he took and carried away feloniously, jewelry, the property of another, of the value of four hundred and thirty-two dollars. On the trial of the case, the owner of the jewelry testified as a witness for the state, and fixed the value on three pieces of jewelry aggregating sixteen dollars and twenty-five cents, but did not affix any value to the other pieces of jewelry stolen, and the property itself was not exhibited to the jury for inspection.

Order reversed.

W. H Maybin, for appellant.

An examination of the evidence in the record demonstrates that the value of the property alleged to have been stolen was not proved to exceed sixteen dollars and twenty-five cents; and, the conviction having been for grand larceny, of course it ought to be reversed.

R. V. Fletcher, assistant attorney-general, for appellee.

It was left to the jury to say whether the stolen articles were of greater value than twenty-five dollars; and while the owner of the jewelry...