Legal Opinion

Francis v. State

Mississippi Supreme Court

Decided November 15, 1905PublishedCited by 2 opinions

From the circuit court of Harrison county. TIon. William T. McDonald, Judge. Francis, the appellant, was indicted and tried for and convicted of grand larceny, and appealed to the supreme court. The indictment charges that he took and carried away, feloniously, jewelry, the property of another, of the value of four hundred and thirty-two dollars.

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From the circuit court of Harrison county. TIon. William T. McDonald, Judge. Francis, the appellant, was indicted and tried for and convicted of grand larceny, and appealed to the supreme court. The indictment charges that he took and carried away, feloniously, jewelry, the property of another, of the value of four hundred and thirty-two dollars. On the trial of the case, the owner of the jewelry testified as a witness for the state, and fixed the value on three pieces of jewelry aggregating sixteen dollars and twenty-five cents, but did not affix any value to the other pieces of jewelry…

1Opinion of the Court

Whiteield, O. J.,

delivered the opinion of the court.

In view of the rule that, to sustain a charge of grand larceny, the evidence must show, beyond reasonable doubt, that the property was of the value necessary to constitute that offense, this case must be reversed and a- new trial awarded. So ordered.

Reversed.

2Cited by2 opinions

  1. Carnley v. StateSupreme Court of Florida · 1921
  2. State v. BoswellWest Virginia Supreme Court · 1929

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