JACKSON — The state Court of Appeals has ordered a new trial for former auctioneer Jim Durham.
Durham had been sentenced to nine years on four felony counts of writing bad checks. Durham was convicted in Forrest County in 2010.
Prosecutors say Durham, former vice president of Durham Auctions, passed bad checks of more than $230,000 including a $125,000 check to the Warren County Board of Supervisors.
Prosecutors say Durham used an escrow account to hold money that should have gone straight to the seller after an auction. They said Durham used the money to pay off loans and investors.
The Appeals Court, in ordering a new trial, cited a faulty jury instruction.