Chisolm v. State
| Docket Number: | 2002-KA-00226-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-23-2003 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Timber theft - Admission of documents - Best evidence - M.R.E. 1002 & 1003 - Sufficiency of evidence - Impeachment of witness - Circumstantial evidence instruction Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-24-2002 Appealed from: Yazoo County Circuit Court Judge: Jannie M. Lewis Disposition: GUILTY ON COUNT OF TIMBER THEFT AND SENTENCED TO FIVE YEARS WITH THREE SUSPENDED District Attorney: James H. Powell, III Case Number: 20-8685 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Oliver David Chisolm, Jr. |
DAVID M. SESSUMS |
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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. |
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| Topic: | Timber theft - Admission of documents - Best evidence - M.R.E. 1002 & 1003 - Sufficiency of evidence - Impeachment of witness - Circumstantial evidence instruction |
| Summary of the Facts: | David Chisolm was convicted of timber theft. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Admissibility of evidence Chisolm argues that the court erred in admitting three exhibits which were various settlement sheets that demonstrated the value of the timber that was cut. The investigator was not a proper sponsor of these documents which had been prepared by others, and the documents were not certified and were not self-authenticating. However, the error is harmless, because the facts in the documents were all established through independent witness testimony. Chisolm also argues that check stubs introduced as an exhibit did not represent the best evidence of checks written from a purchaser to Chisolm and were not introduced through a witness who could authenticate them. M.R.E. 1002 & 1003 require that the original or a satisfactory duplicate of a writing is required when it is necessary to prove the content of a writing. The State needed to prove that the timber was worth more than $250. Regardless of the hearsay issue, the value of the timber was proven through testimony to be substantially more than $250. Issue 2: Sufficiency of evidence Chisolm argues that the prosecution failed to establish a prima facie case to support the conviction. He challenges proof of intent and of value. With regard to value, Chisolm's logger testified that he carried logs cut from the tract to at least five named mills and that the timber sold for approximately $21,000. With regard to intent, the record contains conflicting evidence. Chisolm disputed that he cut the timber without permission. This was a simple jury issue, based on the credibility of the witnesses. Issue 3: Witness impeachment Chisolm argues that the court erred in allowing the prosecution to impeach and treat as hostile a witness called during its case in chief. This witness was the defendant's nephew. Therefore, the court properly could have found him to fall within the category of being identified with the other party. Issue 4: Circumstantial evidence instruction Chisolm argues that the court erred in failing to grant a circumstantial evidence instruction. Circumstantial evidence instructions are necessary only when the prosecution can produce neither an eyewitness nor a confession to the gravamen of the offense. Here, direct evidence was offered to establish the value of the timber, and Chisolm admitted to the removal of the cuttings. |
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