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BILLY PARKER v. STATE OF MISSISSIPPI

MARCH 12, 1986

BILLY PARKER
v.
STATE OF MISSISSIPPI



PER CURIAM OPINION

Billy Parker was convicted in the Circuit Court of Itawamba County on a charge of false pretenses by delivery of a bad

check in the sum of Five Thousand One Hundred Dollars ($5,100.00). The trial Court sentenced Parker to three years in the custody of the Mississippi Department of Corrections with eighteen (18) months to be suspended on condition that restitution be made to the victim and a fine of One Thousand Dollars ($1,000.00). On appeal Parker assigns two errors:

I. The Trial Court erred in overruling Appellant's request for peremptory Instruction D-10 and Motion for (Acquittal) J.N.O.V.

 II. The Trial Court erred in allowing the State of Mississippi to cross-examine witness Jackie Furr On a collateral matters, same being Appellant's Duty to pay child support to the witness.

 The events leading to this indictment and conviction occurred on Friday, September 8 and Saturday, September 9, 1978. The indictment was filed on September 13, 1979. Following a series of continuances requested by appellant, a trial was held on March 9, 1983, whereat appellant was found guilty as charged and sentenced as aforesaid on March 22, 1984.

 Prior to the events that occurred on September 8, and 9, 1978, the prosecuting witness and the appellant had a series of business dealings. Appellant was a wholesale and retail dealer in household furnishings and the prosecuting witness was a manufacturer of such items. On September 8, 1978, Merl Kincade d/b/a K-Hill Furniture of Trebloc, MS, delivered to the place of business, operated by Parker, two truckloads of living room furniture. At that time, appellant gave to Kincade, the check, drawn on Merchants and Farmers Bank of Columbus, Mississippi, upon which the indictment and conviction rests. The transaction called for three truckloads of furniture and Kincade was instructed to deliver the third load on Saturday, September 9.

 After delivering the two loads, Kincade proceeded to the First Citizen's Bank of Okolona and sought to deposit the check. The deposit was refused on the grounds that a previous check drawn by Parker on the Merchants and Farmer's Bank of Columbus had been returned marked" INSUFFICIENT FUNDS ".

 When the third load of furniture was delivered the following day, Parker assured Kincade that there had been a mistake at the bank and he would get it taken care of. Eventually, the first check was cashed and upon presentation of the $5,100.00 check to the bank upon which the check was drawn, it was marked" INSUFFICIENT FUNDS ".

 The evidence of what transpired at the time the first two loads of furniture were delivered by Kincade and the check issued by Parker is conflicting. Kincade testified:

 Q My question to you, Mr. Kincade, is whether at the time you delivered the furniture to Mr. Parker were you relying on his credit and his promise to pay you at some later time; or were you relying on the check in delivering the furniture to him?

 A I was relying on the check.

 Q Would you have delivered the two loads of furniture, and the additional load that you delivered the next day, had you not received the check?

 A No, sir. ...


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