Jackson v. State, 38059
| Decision Date | 11 June 1951 |
| Docket Number | No. 38059,38059 |
| Citation | 211 Miss. 828,52 So.2d 914 |
| Parties | JACKSON v. STATE. |
| Court | Mississippi Supreme Court |
Clay B. Tucker, Woodville, for appellant.
J. P. Coleman, Atty. Gen., by Geo. H. Ethridge, Asst. Atty. Gen., for appellee.
HOLMES, Commissioner.
Appellant and others were jointly indicted in the Circuit Court of Wilkinson County on a charge of embezzling 10,146 cartons of cigarettes, the property of Robinson Mercantile Company of Centerville, Mississippi. He requested and was granted a severance. His trial resulted in his conviction and he was sentenced to imprisonment in the state penitentiary for a term of three years. He prosecutes this appeal and urges, among other grounds assigned for the reversal of the judgment of conviction, that the evidence does not sustain the charge of embezzlement.
The indictment was drawn under Section 2115 of the Mississippi Code of 1942, which reads as follows: 'If any director, agent, clerk, servant, or officer of any incorporated company, or if any trustee or factor, carrier or bailee, or any clerk, agent or servant of any private person, shall embezzle or fraudulently secrete, conceal, or convert to his own use, or make way with, or secrete with intent to embezzle or convert to his own use, any goods, rights in action, money, or other valuable security, effects, or property of any kind or description which shall have come or been intrusted to his care or possession by virtue of his office, place, or employment, either in mass or otherwise, he shall be guilty of embezzlement, and, upon conviction thereof, shall be imprisoned in the penitentiary not more than ten years, or fined not more than one thousand dollars and imprisoned in the county jail not more than one year, or either.'
The material facts are undisputed. Robinson Mercantile Company, a corporation operated a retail mercantile business in Centerville, Mississippi. It maintained a warehouse in a separate building, in which it conducted a wholesale department under the name of Robinson Brothers Wholesale. One M. C. Tate was in charge of the warehouse and the wholesale department. Deliveries of cigarettes and other merchandise were made to customers by trucks which were loaded at the warehouse. The company employed a number of truck drivers and helpers. The appellant was employed as a truck driver and had been so employed for five or six years at the time he was apprehended on the charge preferred against him. The practice employed by Mr. Tate in filling orders for merchandise and loading the merchandise on the trucks preparatory to delivery to customers was to call out to one of the truck drivers the merchandise to be delivered, and, where the order was for cigarettes, to call out the kind and number of cartons of cigarettes to be loaded and the truck driver so called upon would go into the tobacco room and get the number of cartons of cigarettes he was directed to get and place the same in a box or sack and load the same on the truck for delivery to the customer. On or about the 14th day of June, 1950, during the progress of loading one of the trucks, Mr. Tate called a cigarette order to the appellant, giving him the kind and number of cartons of...
To continue reading
Request your trial
-
Conner v. State
...(Miss.2013). 6.Mapp v. State, 248 Miss. 898, 904, 162 So.2d 642, 645 (1964) (quoting 52 C.J.S. Larceny § 1, p. 779; Jackson v. State, 211 Miss. 828, 52 So.2d 914 (Miss.1951)). 7.Mississippi Code Section 99–19–83 requires proof of only two prior convictions for which the defendant was senten......
-
State v. Taylor
...U.C.A.1953; Cf. Gibson v. State, Okl.Cr., 328 P.2d 718 (1958); Hemphill v. State, 222 Miss. 516, 76 So.2d 512 (1954); Jackson v. State, 211 Miss. 828, 52 So.2d 914, (1951).5 People v. Sichofsky, 58 Cal.App. 257, 208 P. 340 (1922); Lewis v. People, 109 Colo. 89, 123 P.2d 398 (1942); People v......
-
Pennock v. State, 07-58644
...charged. Lambert v. State, 518 So.2d 621, 623-24 (Miss.1987); Sisk v. State, 294 So.2d 472, 474 (Miss.1974); Jackson v. State, 211 Miss. 828, 831-32, 52 So.2d 914, 915 (1951). When a person--even an agent of the owner--takes possession of property with unlawful intent to feloniously convert......
-
Teer v. State, 2001-KA-01226-COA.
...points this Court to Crouse v. State, 229 Miss. at 23, 89 So.2d at 922, where the Mississippi Supreme Court quoted Jackson v. State, 211 Miss. 828, 52 So.2d 914 (1951), defining larceny [T]he taking and carrying away from any place, at any time, of the personal property of another, without ......