STATE v. SMITH

No. 91-KA-01236-SCT.

652 So.2d 1126 (1995)

STATE of Mississippi v. Ralph SMITH.

Supreme Court of Mississippi.

March 30, 1995.


Attorney(s) appearing for the Case

Manya Creel, Claiborne McDonald, IV, Asst. Dist. Attys., Poplarville, for appellant.

William L. Ducker, Purvis, for appellee.

EN BANC.


McRAE, Justice, for the Court:

This appeal arises from an order of the Lamar County Circuit Court dismissing grand larceny charges against Ralph Smith. At issue is whether Smith exhibited the requisite intent to commit grand larceny in keeping a check erroneously paid to him by Butler Construction and using the proceeds two weeks later to pay his own bills. Finding that the question of intent is a factual issue for jury determination, we reverse and remand for trial...

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