Mississippi Code

Miss. Code Ann. § 97-23-25 (2026)

Embezzlement; property held in trust or received on contract

✓ current as of July 2026

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If any person shall fraudulently appropriate personal property or money which has been delivered to him on deposit, or to be carried or repaired, or on any other contract or trust by which he was bound to deliver or return the thing received or its proceeds, on conviction, he shall be punished by imprisonment in the penitentiary not more than ten years, or be fined not more than one thousand dollars and imprisoned in the county jail not more than one year, or either.

Codes, 1880, § 2785; 1892, § 1061; 1906, § 1139; Hemingway's 1917, § 867; 1930, § 892; 1942, § 2118.

Notes of Decisions

Cited in 12 cases, 1976–2008 · leading case: Bell v. State, 910 So. 2d 640 (Miss. Ct. App. 2005).

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Bell v. State, 910 So. 2d 640 (Miss. Ct. App. 2005). · cites it 6× “Bell was later charged with embezzlement under Mississippi Code Annotated § 97-23-25 (Rev.2000), and convicted by a jury.”

Salts v. State, 984 So. 2d 1050 (Miss. Ct. App. 2008). · cites it 12× “Miss.Code Ann. § 97-23-25 (Rev.2000). The statute does not specify who the victim of an embezzlement is.”

Cmty. Bank, Ellisville, Ms v. Courtney, 884 So. 2d 767 (Miss. 2004). “The other statute, § 97-23-25, concerns embezzlement carries a penalty of "imprisonment in the penitentiary not more than ten years, or be fined not more than one thousand dollars and imprisoned in the county jail not more than one year, or either.”

Reid v. Mississippi State Bar, 586 So. 2d 786 (Miss. 1991). · cites it 2× “Miss. Code Ann. § 97-23-25 (1972). It is the capital crime of a lawyer to his profession.”

Shelley v. State, 447 So. 2d 124 (Miss. 1984). · cites it 4× “The embezzlement statute under which appellant was indicted is Mississippi Code Annotated, Section 97-23-25 (1972), which reads as follows: If any person shall fraudulently appropriate personal property or money which has been delivered to him on deposit, or to be carried or…”

Gulley v. State, 870 So. 2d 652 (Miss. 2004). · cites it 2× “2000), which states: If any person shall fraudulently appropriate personal property or money which has been delivered to him on deposit, or to be carried or repaired, or on any other contract or trust by which he was bound to deliver or return the thing received or its proceeds,…”

Bass v. State, 328 So. 2d 665 (Miss. 1976). · cites it 2× “Mississippi Code Annotated section 97-23-25 (1972), provides: "If any person shall fraudulently appropriate personal property or money which has been delivered to him on deposit, or to be carried or repaired, or on any other contract or trust by which he was bound to deliver or…”

Ruffin v. State, 482 So. 2d 231 (Miss. 1986). · cites it 4× “Ruffin was indicted under Miss.Code Ann. § 97-23-25, which provides: If any person shall fraudulently appropriate personal property or money which has been delivered to him on deposit, or to be carried or repaired, or on any other contract or trust by which he was bound to…”

Crump v. State, 962 So. 2d 154 (Miss. Ct. App. 2007). · cites it 2× “Miss.Code Ann. § 97-23-25 (Rev.2006). The statute itself is silent as to whether the intent to "fraudulently appropriate" the property must be formed at the time of the signing of the contract or whether it can be formed at some later date.”

McBride v. State, 366 So. 2d 666 (Miss. 1979). · cites it 2× “inartfully drawn, it adequately stated a cause of action of embezzlement under Mississippi Code Annotated section 97-23-25 (1972). The judgment of the trial court is reversed and the cause remanded for a new trial.”

Charles Douglas Gulley, Jr. v. State of Mississippi (Miss. 2002). · cites it 2× “This Court determined that there were two alternative sentencing methods under Miss. Code Ann. § 97-23-25 (Rev. 2000), which states: If any person shall fraudulently appropriate personal property or money which has been delivered to him on deposit, or to be carried or repaired,…”

Cmty. Bank, Ellisville, Mississippi v. Archie Wayne Courtney (Miss. 2001). “The other statute, § 97-23-25 concerns embezzlement carries a penalty of “imprisonment in the penitentiary not more than ten years, or be fined not more than one thousand dollars and imprisoned in the county jail not more than one year, or either.”

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