Larry v. State, 37975

• Citation: 211 Miss. 563,52 So.2d 292
• Decision Date: 07 May 1951
• Docket Number: No. 37975,37975
• Parties: LARRY v. STATE.
• Court: United States State Supreme Court of Mississippi

Page 292

52 So.2d 292

211 Miss. 563

LARRY v. STATE.

No. 37975.

Supreme Court of Mississippi, Division A.

May 7, 1951.

Truly & Truly, Fayette, Laub, Adams, Forman & Truly, Natchez, for appellant.

J. P. Coleman, Atty. Gen., by Joe T. Patterson, Asst. Atty. Gen., for appellee.

LEE, Justice.

Ed Larry was indicted for the larceny of a cow and calf belonging to one Guy Kelly. The jury found him guilty, and the court sentenced him to serve a term of four years in the state penitentiary. From the judgment entered thereon, he appeals.

Kelly saw the cattle in his pasture on April 14, 1949. When he returned to the pasture on May 6th following, they were gone. He made some investigation, and conferred with the sheriff, but without avail. Nearly a year later, Cleveland Shorter and Willie Stevens were arrested on another charge, and in the course of that investigation they admitted participation with the appellant in the larceny here in question. Thereupon this prosecution was instituted.

To establish the crime, the State showed a description of the cattle, their disappearance and the mashing down of the pasture fence. Cleveland Shorter and Willie Stevens, who had pled guilty, were used as witnesses for the State. Their testimony was to this effect: They mashed the fence down and drove the cow and calf out of the pasture. Appellant then came along in a truck. All three loaded the cattle. It was then about sundown. Shorter went home, and appellant and Stevens drove the truck a short distance, about 50 yards off of the road, into the woods. They remained at this point until 3 or 4 o'clock the next morning. They then drove to Port Gibson, where the cattle were sold. Stevens received $20 and on the following Sunday, he gave Shorter $10. Stevens testified that he made the arrangement earlier in the day with the appellant to haul the cattle away, though he admitted on cross examination that he had previously said that appellant did not know, at the time the cattle were loaded, that they had been stolen. Shorter testified that appellant knew, at the time of loading, that the cattle had been stolen, and that it was a subject of conversation. Stevens pointed out to Kelly and the sheriff the place where the truck was parked during the night. They testified that the tracks still appeared, and that the bushes and small saplings were still bent and had scars on them. This indicated that they had been run over by the truck.

The appellant denied any connection whatever with the larceny. Besides, he offered evidence of an alibi. However, in several particulars, this evidence was weak; and on that account, we can readily see that it did not raise in the minds of the jury a reasonable doubt as to his guilt. Several witnesses also testified to the appellant's good reputation.

The evidence thus presented a clear issue of fact as to the guilt or innocence of the appellant, and such issue was resolved against him. It is elemental that this Court will not set aside the verdict of a jury when it is supported by substantial evidence.

It is well settled in our State that an accused may be convicted upon the uncorroborated testimony of an accomplice, if such testimony is reasonable. Lifer v. State, 189 Miss. 754, 199 So. 107; Boutwell v. State, 165 Miss. 16, 143 So. 479; Matthews v. State, 148 Miss. 696, 114 So. 816.

In the case of Gates v. State, 160 Miss. 479, 135 So. 189, the principal witness for the State had already been convicted and was serving a term in the penitentiary. His only corroboration was in pointing out to the officers some of the meat at Gates' premises. Here, there were two accomplices and corroboration as to the parking of the truck over night.

It follows that the motions both for a directed verdict and for a new...