Sunday, November 17, 2013

Wilkinson v. State case brief

Wilkinson v. State case brief summary
60 So.2d 786 (1952)

Defendant appealed a decision from the Circuit Court of Franklin County (Mississippi), which convicted him of grand larceny of three head of cattle.

The owner of the cattle was away at college. They drifted away from their home place, so the owner's father went and put them in a pasture. They escaped and were found by a third party. Defendant lived nearby and convinced his employer to say that the cattle belonged to him. Defendant and his employer agreed that defendant would sell the cattle. The third party believed their story and gave the cattle to them.

Defendant argued that his conviction was against the great weight of the evidence, was based upon the uncorroborated testimony of an accomplice, and that he was indicted and convicted under the wrong statute.


  • The court held: 
  • (1) the testimony of the employer, which was in fact corroborated by that of his wife and other witnesses, was more than sufficient to support defendant's conviction; 
  • (2) defendant was liable as a principal under Code of 1942, § 1995 (Mississippi) if he was an accessory before the fact; and 
  • (3) defendant was properly convicted of larceny because it was larceny at common law for defendant to impersonate another with the present intent to convert the property to his own use and the third party intended to part merely with his possession and not his title.

The court affirmed the decision of the trial court.

Recommended Supplements for Criminal Law

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