Mississippi Supreme Court, 1998

Jones v. State

Jones v. State
Mississippi Supreme Court · Decided September 17, 1998 · Waller, Prather, Sullivan, Pittman, Banks, McRae, Roberts, Smith, Mills
722 So. 2d 451; 1998 Miss. LEXIS 451; 1998 WL 635691 (Southern Reporter, Second Series)

Jones v. State

Opinion of the Court

WALLER, Justice,

for the Court:

¶ 1. Jessie Lee Jones (“Jones”) was convicted of two counts of uttering forgery by a Scott County jury. To sustain a conviction for uttering forgery the State must prove that the instrument in question was a “forged, altered, or counterfeit instrument” and that the defendant possessed an “intent *452to defraud.” Miss.Code Ann. § 97-21-59 (1994). The record reveals, and the State concedes, that the necessary elements were not proven at trial. Therefore, this Court has no choice but to reverse and render Jones’ conviction for the two counts of uttering forgery.

¶ 2. REVERSED AND RENDERED.

PRATHER, C.J., SULLIVAN and PITTMAN, P.JJ., and BANKS, McRAE, JAMES L. ROBERTS, Jr., SMITH and MILLS, JJ., concur.

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