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101 So. 3d 1182
Miss. Ct. App.
2012
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Background

  • Indictment for grand larceny of a truck, a trailer, and two lawn mowers from Cook Tractor Company in Warren County; Wilson convicted after trial and sentenced as a habitual offender to 10 years with 5 suspended and 5 to serve plus 5 years post-release supervision.
  • Property was identified through photographs; title and insurance payment documents were admitted over defense objections; property recovered March 2008.
  • Store security showed two individuals entering through back gate at night; gate was damaged but gate framework remained secured; some camera views were unusable due to lighting.
  • Co-indictees Derrick Curtis and Woodhouse testified; Curtis claimed Wilson drove the truck and that the group sold the loot for $3,000; Woodhouse testified that Wilson originated the theft and helped load items.
  • Curtis pleaded guilty to grand larceny; Woodhouse pleaded guilty to related charges and testified for the State; Wilson offered an alibi through Diane McNeil, which was not corroborated by the State.
  • Standard of review requires viewing evidence in the light most favorable to the State to determine if any rational trier of fact could convict beyond a reasonable doubt.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the evidence shows ownership to support grand larceny Wilson argues ownership was not proven State contends ownership proven by testimony and exhibits Yes; ownership proven; sufficient to sustain conviction

Key Cases Cited

  • Mahfouz v. State, 303 So.2d 461 (Miss. 1974) (ownership sufficiency in larceny cases)
  • Cooper v. State, 639 So.2d 1317 (Miss. 1994) (ownership variance not fatal; indictment and proof adequate)
  • Fulcher v. State, 805 So.2d 556 (Miss. Ct. App. 2001) (ownership proof sufficient where crime charged and proof aligns)
  • Bester v. State, 222 Miss. 706, 71 So.2d 270 (Miss. 1955) (strict ownership rule treated as overruled by later cases)
  • Johnson v. State, 186 Miss. 405, 191 So. 127 (Miss. 1939) (earlier strict ownership standard; overruled in later Mahfouz lineage)
Read the full case

Case Details

Case Name: Wilson v. State
Court Name: Court of Appeals of Mississippi
Date Published: Nov 20, 2012
Citations: 101 So. 3d 1182; 2012 WL 5856175; 2012 Miss. App. LEXIS 705; No. 2011-KA-00889-COA
Docket Number: No. 2011-KA-00889-COA
Court Abbreviation: Miss. Ct. App.
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    Wilson v. State, 101 So. 3d 1182