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REED v. STATE

No. 57517.

523 So.2d 62 (1988)

Harold REED v. STATE of Mississippi.

Supreme Court of Mississippi.

March 16, 1988.

Attorney(s) appearing for the Case

John B. Farese, Farese, Farese & Farese, Ashland, James W. Amos, Amos & Armistead, Hernando, for appellant.

Edwin Lloyd Pittman and Mike Moore, Attys. Gen. by Leyser Q. Morris, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before DAN M. LEE, P.J., and PRATHER and GRIFFIN, JJ.

PRATHER, Justice, for the Court:

The decisive question in this appeal is whether a business transaction between a wholesale dealer of cars and the seller constituted an entrustment of the automobiles and a subsequent conversion or whether the transaction was a sale which would not give rise to an embezzlement charge. Holding that the transaction was a sale and that the charge of embezzlement was inappropriate, this Court vacates the conviction and discharges the defendant...

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