Tubwell v. State

6 Citing cases

  1. Ratcliff v. State

    No. 2022-CT-00690-SCT (Miss. Nov. 14, 2024)

    "Guilty knowledge is the gist of the offense of receiving stolen property." Barton, 303 So.3d at 701 (citing Tubwell v. State, 580 So.2d 1264, 1266 (Miss. 1991)).

  2. Barton v. State

    303 So. 3d 698 (Miss. 2020)   Cited 5 times
    In Barton, this Court reversed Barton's conviction for possession of a stolen weapon, finding that the State failed to present sufficient evidence of Barton's guilty knowledge.

    See Miss. Code Ann. § 97-17-70(1) (Rev. 2014). Guilty knowledge is the gist of the offense of receiving stolen property. Tubwell v. State , 580 So. 2d 1264, 1266 (Miss. 1991) ; Ellett v. State , 364 So. 2d 669, 670 (Miss. 1978).

  3. McClain v. State

    625 So. 2d 774 (Miss. 1993)   Cited 809 times   1 Legal Analyses
    In McClain v. State, 625 So.2d 774, 778 (Miss. 1993), this Court stated that when the sufficiency of the evidence is challenged, the prosecution is entitled to have the evidence in support of its case taken as true together with all reasonable inferences.

    We remain mindful that in prosecutions for receiving stolen property, guilty knowledge is the gist of the offense and must be proved. Tubwell v. State, 580 So.2d 1264, 1266 (Miss. 1991); Thompson at 954; Ellett v.State, 364 So.2d 669, 670 (Miss. 1978); Crowell v. State, 195 Miss. 427, 15 So.2d 508 (1943).

  4. Ratcliff v. State

    No. 2022-KA-00690-COA (Miss. Ct. App. Dec. 5, 2023)   Cited 2 times
    In Ratcliff, a divided Court distinguished Barton and upheld a conviction for possession of a stolen firearm based on proof that the firearm was "recently stolen."

    ¶22. Our inquiry is whether the State proved Ratcliff knowingly possessed a stolen firearm. "Guilty knowledge is the gist of the offense of receiving stolen property." Barton v. State, 303 So.3d 698, 701 (¶14) (Miss. 2020) (citing Tubwell v. State, 580 So.2d 1264, 1266 (Miss. 1991)). "For the state to prove guilty knowledge, it must prove that the defendant received the property under circumstances that would lead a reasonable person to believe that it was stolen."

  5. Kelly v. State

    124 So. 3d 717 (Miss. Ct. App. 2013)   Cited 1 times

    As Kelly argues, evidence of unexplained possession of stolen property, alone, is insufficient to satisfy the guilty-knowledge requirement of the crime of receiving stolen property. McClain, 625 So.2d at 779 (citing Tubwell v. State, 580 So.2d 1264, 1266 (Miss.1991)). However, when coupled with attempts at concealment, “such evidence may be sufficient to warrant a conviction....” Washington v. State, 726 So.2d 209, 213 (¶ 10) (Miss.Ct.App.1998) (quoting McClain, 625 So.2d at 779).

  6. Kelly v. State

    NO. 2012-KA-00256-COA (Miss. Ct. App. Jun. 25, 2013)

    As Kelly argues, evidence of unexplained possession of stolen property, alone, is insufficient to satisfy the guilty-knowledge requirement of the crime of receiving stolen property. McClain, 625 So. 2d at 779 (citing Tubwell v. State, 580 So. 2d 1264, 1266 (Miss. 1991)). However, when coupled with attempts at concealment, "such evidence may be sufficient to warrant a conviction . . . ."