Allen v. State
Docket Number: | 2003-KA-02447-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 12-14-2004 Opinion Author: Bridges, P.J. Holding: Affirmed |
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Additional Case Information: |
Topic: Car theft - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 12-04-2002 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: TAKING POSSESSION OF OR TAKING AWAY A MOTOR VEHICLE: SENTENCED TO SERVE THREE (3) YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. Case Number: B2401-2001-454 |
Party Name: | Attorney Name: | |||
Appellant: | Donald Ray Allen |
QUAY DEVEREUX MCKNIGHT |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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. |
Topic: | Car theft - Sufficiency of evidence |
Summary of the Facts: | Donald Allen was convicted of car theft and sentenced to three years. He appeals. |
Summary of Opinion Analysis: | Allen argues that because the State did not call the co-owner of the sales lot to testify that he did not give Allen permission to take the car, reasonable doubt exists regarding whether he gave Allen permission to take the station wagon. At best, the issue of whether the co-owner gave Allen permission to take the car created a question of fact for the jury to resolve. Accordingly, the jury’s decision will stand. |
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