Moore v. State, 37703

• Decision Date: 18 December 1950
• Docket Number: No. 37703,37703
• Parties: MOORE v. STATE.
• Court: Mississippi Supreme Court

Page 415

49 So.2d 415

MOORE v. STATE.

No. 37703.

Supreme Court of Mississippi, in Banc.

Dec. 18, 1950.

Hugh V. Wall, Brookhaven, Corban & Corban, Fayette, Wall & Allen, Brookhaven, for appellant.

J. P. Coleman, Atty. Gen., by Geo. H. Ethridge, Asst. Atty. Gen., for appellee.

ROBERDS, Presiding Judge.

Moore was indicted for, and convicted of, embezzlement, and sentenced to the state penitentiary for eight years. On this appeal he raises a number of questions, the principal one being that the proof does not show that he is guilty of that crime. Since we think that contention is well taken we do not discuss any other.

The indictment charges, and the theory of the State throughout the trial was, that Moore received $1060.00 as the agent or employee of Tola Trawick, and converted Trawick's money to his own use. The State had the burden of proving those facts beyond a reasonable doubt. Boiled down the proof shows that Moore was in the business of buying and selling pulpwood; that he bought at one price and sold at another, making the best bargains he could in the purchase and resale of the wood; that on this occasion he had bought of different persons a quantity of pulpwood, consisting of five freight car loads and approximately seven cars on the ground all located at McNair, Mississippi; that on Friday, November 18, 1949, Trawick orally purchased from Moore the wood then loaded on freight cars and that on the ground and the wood Moore expected his sellers would deliver to him the next day, Trawick, on that day, paying to Moore as part of the purchase price $1060.00, the balance to be paid to Moore after the pulpwood should be received by the International Paper Company at Bastrop, La., and the quantity and quality thereof checked by that concern, the purchaser of the wood from Trawick. It was agreed between Trawick and Moore that Moore on the next day would pay those selling to him, using the $1060.00, or such part thereof as might be necessary, for that purpose. Moore failed to do that. It appears the five loaded freight cars were shipped as agreed. Trawick appeared on the following Monday and paid the wood sellers for the seven cars on the ground. Moore had already purchased the pulpwood when Trawick saw him on Friday and paid him the $1060.00 on the purchase price of the wood. Trawick had nothing to do with such purchases; did not know the sellers at that time. Moore's profit or loss was the difference between the price he was paying those who...