Sharon Sallie v. State of Mississippi, 230 So. 3d 312

Sharon Sallie was convicted in Tippah County for (1) conspiracy to commit false pretenses and (2) false pretenses; sentenced as a habitual offender to five and ten years respectively, to run concurrently, and ordered to pay $15,518.25 restitution joint-and-several.
The underlying scheme: Sallie’s daughter (Jessica Plaxico) and son-in-law obtained money from victim Wilma Colom by falsely claiming a doctor had left surgical tools inside Plaxico after childbirth and promising a lawsuit would produce repayment.
Colom sent money via MoneyGram and money orders, some in Sallie’s name because Sallie had valid ID; Colom later learned there was no lawsuit.
Sallie denied conspiring and denied knowledge that the story was false; she conceded Colom continued sending money after Sallie told her there was no pending lawsuit.
On appeal, Sallie raised for the first time that Count II (false pretenses) was fatally defective for failing to allege the specific nature of the false pretenses or facts showing how the pretenses were false, and alleged potential double-jeopardy ambiguity.
The Court of Appeals held the indictment, which tracked the statutory language of Miss. Code Ann. §97-19-39(2), was sufficient and affirmed the convictions and sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Count II’s indictment was fatally defective for failing to allege the specific nature/extrinsic facts of the false pretenses	Sallie: indictment was speculative and omitted essential facts about the pretense, preventing preparation of a defense and risking double jeopardy	State: indictment tracked the statute and the statute itself sets out the elements; no additional extrinsic facts were required	Court: indictment sufficient; Cohran distinguishable because this indictment plainly charged obtaining >$500 by false pretenses and tracked statutory elements; conviction affirmed

Ross v. State, 954 So. 2d 968 (Miss. 2007) (challenges to substantive sufficiency of an indictment may be raised for first time on appeal)
Tran v. State, 962 So. 2d 1237 (Miss. 2007) (an indictment that tracks a statute is sufficient when the statute plainly sets out all elements)
State v. Cohran, 83 So. 2d 827 (Miss. 1955) (indictment defective where no extrinsic facts explained how writings were false or that defendant knew they were false)
Berryhill v. State, 703 So. 2d 250 (Miss. 1997) (fundamental indictment defects may not be waived)
Jefferson v. State, 556 So. 2d 1016 (Miss. 1989) (failure to charge essential elements affects a fundamental right and cannot be waived)
Westmoreland v. State, 286 So. 2d 807 (Miss. 1973) (discussing sufficiency requirements for indictments alleging false pretenses)