Logan v. State
| Docket Number: | 2005-KA-00595-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-13-2007 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Embezzlement by public official - Weight of evidence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, BARNES, ISHEE AND ROBERTS, JJ. Non Participating Judge(s): CARLTON, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-25-2005 Appealed from: Holmes County Circuit Court Judge: Jannie M. Lewis Disposition: CONVICTION OF COUNT II EMBEZZLEMENT AND SENTENCE TO SERVE A TERM OF THREE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, SUSPENDED, WITH SIX MONTHS OF COMMUNITY SERVICE AND SIX MONTHS ON SUPERVISED PROBATION CONCURRENTLY. District Attorney: JAMES H. POWELL, III Case Number: 11,312 |
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| Party Name: | Attorney Name: | |||
| Appellant: | EDDIE LOGAN |
ANTWAYN PATRICK |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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 by public official - Weight of evidence |
| Summary of the Facts: | Eddie Logan was convicted of embezzlement by a public official. He was sentenced to three years, which was suspended, with six months of community service, concurrently with six months on supervised probation. He appeals. |
| Summary of Opinion Analysis: | Logan argues that the State failed to prove the elements of embezzlement, and the overwhelming weight of the evidence proved mistake of fact. While an officer of any city, town or village who unlawfully converts to his own use any money or other valuable thing which comes into his hands or possession by virtue of his office or employment is guilty of embezzlement, the conversion would not be unlawful if the owner of the property consented thereto or made a gift of the property upon receipt. There was sufficient evidence that the desk/cabinets which Logan took were city property and that Logan knew the cabinets were city property. It was undisputed that Logan was the Mayor of Durant at this time and that he took the cabinets for his own personal use. |
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