Coleman v. State
| Docket Number: | 2004-CT-00346-SCT Linked Case(s): 2004-CT-00346-SCT ; 2004-CT-00346-SCT ; 2004-KA-00346-COA ; 2004-KA-00346-COA |
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| Supreme Court: | Opinion Link Opinion Date: 12-07-2006 Opinion Author: Dickinson, J Holding: Affirmed |
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| Additional Case Information: |
Topic: Embezzlement - Section 97-23-19 - Religious society Judge(s) Concurring: Waller, P.J., Diaz, Carlson and Graves, JJ. Dissenting Author : Randolph, J. Dissent Joined By : Smith, C.J., Cobb, P.J., and Easley, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 02-02-2004 Appealed from: Leflore County Circuit Court Judge: W. Ashley Hines Disposition: The jury found Coleman guilty, and he was sentenced to a ten-year term of incarceration and ordered to pay restitution in the amount of $2,255.00. District Attorney: JOYCE IVY CHILES Case Number: 2003-0016 |
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| Note: | The Judgment of the Court of Appeals is Affirmed. The Judgment of the Circuit Court of Leflore County is Reversed and Rendered. See the original COA opinion at http://www.mssc.state.ms.us/Images/OPINIONS/CO30385.PDF | |
| Party Name: | Attorney Name: | |||
| Appellant: | W. A. Coleman |
DAVID M. HOLLY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART |
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| Topic: | Embezzlement - Section 97-23-19 - Religious society |
| Summary of the Facts: | W. A. Coleman was convicted of embezzlement. He was sentenced to ten years and ordered to pay restitution in the amount of $2,255. He appealed, and the Court of Appeals reversed and rendered the conviction. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Section 97-23-19 provides that persons who may be convicted for embezzlement include either any director, agent, clerk, servant, or officer of any incorporated company, or any trustee or factor, carrier or bailee, or any clerk, agent or servant of any private person. Thus, the potential victims under the statute are “any incorporated company,” and “any private person,” and part of the State’s burden of proof is to demonstrate that the defendant committed the wrongful act against one of those two potential victims. It is undisputed in this case that Pillow Chapel was not incorporated. Pillow Chapel is neither a “private person” nor simply a group of private persons morphed into a private person. It is, instead, a church operating as an unincorporated religious society. A church qualifies as a statutory “religious society” if its members desire to act as an organized body; associate together; elect or appoint any number of officers, trustees, or managers, by whatever name known, from the membership to manage the affairs of the church; and keep records of church proceedings. Pillow Chapel met regularly, elected deacons, had a bank account in the name of the church, incurred expenses in the church’s name for maintenance and repairs, and did numerous other things as a church body, rather than as a group of private persons. Pillow Chapel elected or appointed from its members any number of officers, trustees, or managers, by whatever name known, to manage the church’s affairs. The record clearly indicates Pillow Chapel kept records of its proceedings. Since Pillow Chapel is neither an incorporated company or a private person, the judgment of the Court of Appeals is affirmed. |
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