Mississippi § 99-19-17 - Repealed.

§ 99-19-17. Repealed.

Repealed by Laws, 2003, ch. 499, § 9, effective July 1, 2003. § 99-19-17 . [Codes, 1892, § 1441; Laws, 1906, § 1514; Hemingway’s 1917, § 1272; Laws, 1930, § 1295; Laws, 1940, ch. 241; Laws, 1942, § 2538; Laws, 1970, ch. 346, § 1; Laws, 1993, ch. 359 § 4, eff from and after July 1, 1993.] Editor’s Notes — Former § 99-19-17 was entitled: Sentence; when obtaining money under false pretenses and embezzlement may be punished as petit larceny. JUDICIAL DECISIONS 1. In general. 2. Instructions to jury. 1. In general. Evidence was insufficient to support finding beyond reasonable doubt that value of stolen property was in excess of $100; therefore, defendant should have been sentenced for offense of petit larceny, where in affidavit sworn out in justice court, value of property was set at $90, while at trial testimony regarding value of stolen property was inconsistent. Dulin v. State, 507 So. 2d 897, 1987 Miss. LEXIS 2244 (Miss. 1987). Evidence that stolen postal money orders had been completed in an aggregate amount of $200 and were negotiable was sufficient to justify a finding and sentence for a felony under this section [Code 1942, § 2538]. Chavers v. State, 215 So. 2d 880, 1968 Miss. LEXIS 1385 (Miss. 1968). An indictment charging embezzlement of gasoline credit cards is not void for failing to state the value of the cards, but where the value of the embezzled property is neither stated nor proved the offense is punishable as petit larceny and not as a felony. Bell v. State, 251 Miss. 511, 170 So. 2d 428, 1965 Miss. LEXIS 877 (Miss. 1965). Where defendant was punished under a statute providing generally for punishment upon conviction of receiving stolen goods and the indictment charged receipt of stolen property alleging the value of $21, the defendant should have been sentenced under statute providing for punishment of such offense as petit larceny. Jones v. State, 215 Miss. 355, 60 So. 2d 805, 1952 Miss. LEXIS 573 (Miss. 1952). This section [Code 1942, § 2538] and Code 1942, § 2249 are inconsistent, and since the legislature has seen fit to amend this section [Code 1942, § 2538] such section is controlling as the last pronouncement of the legislature. Crowell v. State, 195 Miss. 427, 15 So. 2d 508, 1943 Miss. LEXIS 158 (Miss. 1943). One convicted of receiving stolen property, consisting of an automobile tire of the value of less than $25, cannot be sentenced to a term in the state penitentiary but can only be punished as for petit larceny. Crowell v. State, 195 Miss. 427, 15 So. 2d 508, 1943 Miss. LEXIS 158 (Miss. 1943). Under this section [Code 1942, § 2538] where the value is not shown to be above the limit stated therein, the defendant should be convicted of petit larceny only. Wheeler v. State, 76 Miss. 265, 24 So. 310, 1898 Miss. LEXIS 84 (Miss. 1898). 2. Instructions to jury. This section does not require that a defendant indicted for embezzlement of property valued at less than $ 250 have the jury instructed with regard to petit larceny as a lesser included offense; this section affects only the sentence of a convicted defendant, not the crime for which he is charged or on which a jury is instructed. Bishop v. State, 755 So. 2d 1269, 2000 Miss. App. LEXIS 65 (Miss. Ct. App. 2000). RESEARCH REFERENCES ALR. When does delay in imposing sentence violate speedy trial provision. 86 A.L.R.4th 340.