Allen v. State


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Docket Number: 2003-KA-02447-COA

Court of Appeals: Opinion Link
Opinion Date: 12-14-2004
Opinion Author: Bridges, P.J.
Holding: Affirmed

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

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



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY  

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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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