Long v.State
| Docket Number: | 2004-KA-01794-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-18-2006 Opinion Author: Myers, P.J. Holding: Affirmed on direct and cross appeal |
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| Additional Case Information: |
Topic: Possession of stolen property - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-27-2004 Appealed from: Yazoo County Circuit Court Judge: Jannie M. Lewis Disposition: CONVICTED OF POSSESSION OF STOLEN PROPERTY AND SENTENCE OF FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH THREE YEARS SUSPENDED LEAVING TWO YEARS TO SERVE. District Attorney: JAMES H. POWELL, III Case Number: 22-9172 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Don Long |
JOHNNIE E. WALLS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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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: | Possession of stolen property - Sufficiency of evidence |
| Summary of the Facts: | Don Long was found guilty of possession of stolen property and was sentenced to five years, with three years suspended. He appeals. |
| Summary of Opinion Analysis: | Long argues that the evidence produced at trial was insufficient to sustain his conviction, because there was no evidence presented which indicated that he willfully, intentionally and feloniously possessed the stolen truck. Guilty knowledge is the gist of the offense of receiving stolen property. For the State to prove guilty knowledge, it must prove that Long received the property under circumstances that would lead a reasonable person to believe that it was stolen. Even if Long did not witness the theft of the truck, a reasonable man would have known it was stolen. He purchased the truck at a very low price and did not receive any sort of evidence of ownership from the seller. |
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