Shedd v. State, 40050
| Decision Date | 04 June 1956 |
| Docket Number | No. 40050,40050 |
| Parties | Paul SHEDD v. STATE. |
| Court | Mississippi Supreme Court |
Quitman Ross, Laurel, for appellant.
Joe T. Patterson, Atty. Gen., by J. R. Griffin, Asst. Atty. Gen., for appellee.
Paul Shedd was convicted in the Circuit Court of the Second Judicial District of Jones County of grand larceny, and sentenced to five years in the state penitentiary. On this appeal he complains of the theory of the State as set forth in its only instruction to the jury on the merits.
There was ample evidence to warrant the jury in finding appellant guilty upon the following facts substantiated by the testimony. On the afternoon of March 25, 1955, O. L. Jenkins, 54 years old and a resident of Ellisville, went to a place in Jones County known as the Pine Grove Cafe. He had recently received final payment on a house which he had sold, and had in his possession about $2,500. He was drunk at the time. He asked a 17 year old waitress in the place, Mrs. Vernon McRaney, to count his money for him, which she did. Jenkins stayed only a short time and left. Mrs. McRaney told the owner of the place, Cliff Pittman, about Jenkins' money. Several hours later, around 6:30 P.M., Jenkins returned. In a few minutes appellant Shedd came in the place. Pittman told Shedd about Jenkins' money. Shedd advised Mrs. McRaney to give Jenkins the date which he had requested at a tourist court, and to get his money. She then told Jenkins she would do so, and they agreed on a price of $20. She, Shedd and Pittman were to split the money three ways. They also decided that Mrs. McRaney would take Jenkins to the Rock Cabins, a tourist court, and that she would try to get him more drunk than he was before taking his money.
Mrs. McRaney drove Jenkins to the tourist court, where they got a cabin. Mrs. McRaney pretended to take a shower bath, and secretly removed from Jenkins' wallet, which was in his trousers hanging on a chair the sum of $1,308. On the pretense of going to the office of the tourist court to get some cigarettes, she left the cabin with Jenkins' money. At the office, Shedd was waiting for her. Shedd then drove her back in a car to the Pine Grove Cafe. He and Mrs. McRaney decided to double-cross Pittman, so she told Pittman she did not get any of Jenkins' money. Later Shedd took all of the money, and refused to divide it with Mrs. McRaney. So she testified for the State, along with Jenkins, and Debbs Mauldin, operator of the tourist court. Defendant did not testify and offered no evidence. It is manifest that the evidence was ample to warrant appellant's conviction of grand larceny, either as a participant in the crime, or an aider and abettor, which are in effect the same. Moreover, Code of 1942, Section 1995, provides that 'every person who shall be an accessory to any felony, before the fact, shall be deemed and considered a principal.'
Appellant was indicted for grand larceny. The State was granted this instruction: 'The court instructs the jury for the state that if you believe from the evidence in this case beyond a reasonable doubt that Virna L. McCranney and Paul Shedd conspired together to take, steal, and carry away the money of O. L. Jenkins, on the date and at the time alleged and that in pursuance to said conspiracy or agreement, if you believe from the evidence beyond a reasonable doubt there was such a conspiracy or agreement, that Virna L. McCranney did wilfully, unlawfully and feloniously take, steal and carry away the sum of Thirteen Hundred and Eight Dollars ($1308.00) in current and lawful money of the United States of America, of the value of Thirteen Hundred and Eight Dollars ($1308.00) consisting of Thirteen One Hundred Dollar Bills, one Five Dollar Bill and Three One Dollar Bills, the personal property and money of O. L. Jenkins, then it is your sworn duty to find the defendant Paul Shedd guilty as charged.'
Appellant says that this was prejudicial error; that a conspiracy to commit a felony is a misdemeanor, under Code Section 2056; and that, although appellant was indicted for grand larceny, this instruction submits to the jury not...
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King v. State
...1066 (Miss.1985) ("One who aids and abets another is an accessory before the fact and is guilty as a principal"); Shedd v. State, 228 Miss. 381, 386, 87 So.2d 898, 900 (1956) (Aiding and abetting involves a community of unlawful purposes at the time of the act and some participation in the ......
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