Russell v. State
| Docket Number: | 2002-KA-00009-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-29-2003 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Receiving stolen property - Weight of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-05-2001 Appealed from: Yazoo County Circuit Court Judge: Jannie M. Lewis Disposition: CONVICTED OF RECEIVING STOLEN PROPERTY AND SENTENCE OF FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: James H. Powell, III Case Number: 2000-8698 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Darrell Russell |
ALVA PEYTON TAYLOR |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS, JR. |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Receiving stolen property - Weight of evidence |
| Summary of the Facts: | Darrell Russell was convicted of receiving stolen property and was sentenced to five years. He appeals. |
| Summary of Opinion Analysis: | Russell argues that the verdict was against the overwhelming weight of the evidence, because the State failed to prove that he knew the chemicals were stolen. Looking to the definition of the crime of receiving stolen property, the State had the burden of proving that Russell intentionally possessed, received, retained or disposed of stolen property knowing that it had been stolen or having had reasonable grounds to believe it had been stolen. Taking the evidence in a light favorable to the verdict, the jurors reasonably inferred that Russell's having the stolen property in his personal automobile, his selling it far below market price, and the secretive way in which he secured a buyer cumulatively provided the jurors reason to find Russell had guilty knowledge sufficient to support guilt. Since Russell provided no explanation of his possession of the recently stolen goods, the circumstances would lead a reasonable man to believe the property was stolen. |
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