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Jones v. State

September 17, 1998

JESSIE LEE JONES
v.
STATE OF MISSISSIPPI



Before Sullivan, P.j., Mills And Waller, JJ.

The opinion of the court was delivered by: Waller, Justice

DATE OF JUDGMENT: 06/19/97

TRIAL JUDGE: HON. MARCUS D. GORDON

COURT FROM WHICH APPEALED: SCOTT COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

DISPOSITION REVERSED AND RENDERED - 09/17/98

MOTION FOR REHEARING FILED: MANDATE

ISSUED:

¶1. Jessie Lee Jones ("Jones") was convicted of two counts of uttering forgery by a Scott County jury. To sustain a conviction for uttering forgery the State must prove that the instrument in question was a "forged, altered, or counterfeit instrument" and that the defendant possessed an "intent to defraud." Miss. Code Ann. § 97-21-59 (1994). The record reveals, and the State concedes, that the necessary elements were not proven at trial. Therefore, this Court has no choice but to reverse and render Jones' conviction for the two counts of uttering forgery.

¶2. REVERSED AND RENDERED. PRATHER, C.J., SULLIVAN AND PITTMAN, P.JJ., BANKS, McRAE, ROBERTS, SMITH AND MILLS, JJ., CONCUR.

19980917 ...


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