¶ 9. Even considering arguendo that the trial court inappropriately sentenced Gulley under both the felony and misdemeanor provisions of the embezzlement statute, Gulley still is entitled to no relief. In Bass v.State, 328 So.2d 665 (Miss. 1976), Bass was convicted of embezzlement, and he was sentenced to serve a term of five years in the state penitentiary. The trial court suspended Bass's sentence and placed him on supervised probation for a term of five years.
Boatner is raising this issue for the first time on appeal to this Court, and is, therefore, barred. Bass v. State, 328 So.2d 665, 666 (Miss. 1976). ¶ 20. Boatner contends that Watkins's absence "calls into question the ultimate integrity of the fact finding process" and cites Ohiov. Roberts , 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980) in support of her claim that the State's failure to call Watkins was error.
Williams v. State, 445 So.2d 798 (Miss. 1984); Bass v. State, 328 So.2d 665 (Miss. 1976); Ellis v. State, 254 So.2d 902 (Miss. 1971); Pieratt v. State, 235 So.2d 923 (Miss. 1970).
The note was introduced by the State during rebuttal to raise the question of whether the Watson brothers fabricated their version of the incident. In Bass v. State, 328 So.2d 665 (Miss. 1976) this Court held that a photostatic copy of a check was properly admitted into evidence where the absence of the original was explained and the photostatic copy was identified as an exact copy of the original, with the exception of the endorsements on the back of the check. The Court also noted that under Mississippi Code Annotated section 13-1-151 (1972) a photographic or photostatic copy is considered an original business record for the purpose of admissibility in evidence.
Salter v. State, 387 So.2d 81, 84 (Miss. 1980); Bass v. State, 328 So.2d 665, 667 (Miss. 1976). In both of these cases we held that where permissible sentences are separated by the disjunctive, only one may be lawfully imposed.
Salter could be fined in one case and given a penitentiary sentence in the other, but not fined and sentenced in both. See Bass v. State, 328 So.2d 665 (Miss. 1976). Section 97-11-31: "If any officer, or other person employed in any public office, shall commit any fraud or embezzlement therein, he shall be imprisoned in the penitentiary not more than ten years, or in the county jail not more than one year, or be fined."