Wilkinson v. State

215 Miss. 327, 60 So. 2d 786 (1952)

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Wilkinson v. State

Mississippi Supreme Court
215 Miss. 327, 60 So. 2d 786 (1952)

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Facts

Three head of cattle belonging to Leonard had wandered off and were found by Ferguson, who held them on his property in order to return them to their owner, without knowing who the owner was. A few of Whittington’s cattle had also strayed off his property. Whittington and his servant, Wilkinson (defendant), went to Ferguson’s farm to see the strays being held there were his cattle. Whittington knew the strays were not his but Wilkinson persuaded Whittington to claim the three cattle as his own. Ferguson delivered the cattle to Whittington and Wilkinson, believing they belonged to Whittington. Thereafter, Whittington sold the cattle and gave some of the proceeds to Wilkinson. Wilkinson was charged with, and found guilty of, grand larceny. Wilkinson appealed.

Rule of Law

Issue

Holding and Reasoning (Ethridge, J.)

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