State v. Parkman
| Docket Number: | 2010-KA-02052-COA Linked Case(s): 2010-KA-02052-COA ; 2010-CT-02052-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-25-2012 Opinion Author: Maxwell, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Embezzlement - Dismissal of count in indictment - Sufficiency of evidence - Section 99-35-103(a) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Russell and Fair, JJ. Non Participating Judge(s): Ishee and Carlton, JJ. Procedural History: Dismissal Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-18-2010 Appealed from: Marion County Circuit Court Judge: Prentiss Harrell Disposition: GRANTED MOTION TO DISMISS COUNT III OF THE INDICTMENT District Attorney: Haldon J. Kittrell Case Number: K09-208H |
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| Party Name: | Attorney Name: | |||
| Appellant: | State of Mississippi |
OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART |
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| Appellee: | Joe Van Parkman | SCOTT JOSEPH SCHWARTZ |
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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: | Embezzlement - Dismissal of count in indictment - Sufficiency of evidence - Section 99-35-103(a) |
| Summary of the Facts: | Joe Parkman, a former police chief, was indicted on one count of embezzlement and two counts of making false statements with intent to defraud. The embezzlement count charged that Parkman had “attempted to defraud the City by purchasing a Springfield HD .45 caliber handgun . . . using city funds contrary to and in violation of [s]ection 97-11-29 of the Mississippi Code [Annotated.]” Parkman moved to dismiss the embezzlement count on sufficiency grounds. The trial court dismissed the embezzlement count with prejudice, and the State appeals. |
| Summary of Opinion Analysis: | The appropriate time to test the sufficiency of evidence a count in an indictment is during trial after the State has presented its case. Thus, a trial judge has no discretion to dismiss any of the counts in an indictment prior to trial, where a defendant’s only claim is lack of evidentiary support. Pursuant to section 99-35-103(a), the trial court’s dismissal with prejudice is reversed, the embezzlement count is reinstated and the case is remanded for trial. |
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