Woods v. State
Mississippi Supreme Court
From the circuit court of the second district of Yalobusha county. Hon. W. M. Rogers,' Judge. In the indictment in this case it is charged that the defendant Woods “unlawfully did shoot and discharge a certain gun on the Water Valley and Coffeeville road, the same being then and there a public road and highway. Defendant was the only witness in his behalf, and as such denied his guilt.
Read the full summary
From the circuit court of the second district of Yalobusha county. Hon. W. M. Rogers,' Judge. In the indictment in this case it is charged that the defendant Woods “unlawfully did shoot and discharge a certain gun on the Water Valley and Coffeeville road, the same being then and there a public road and highway. Defendant was the only witness in his behalf, and as such denied his guilt. The court gave the following instruction for the state: “1. If the jury believe from the evidence that any witness who has testified in this case has any feeling or interest in the result of this trial, then…
1Opinion of the CourtWoods, C. J.
The motion in arrest of judgment was properly overruled. The verbal criticism of counsel is ingenious and interesting, in its philological aspect. But it is a legal anachronism to now plead to the sufficiency of an indictment that it charges a defendant with shooting on a highway, when the statute denounces shooting in the highway. The prepositions are interchangeable in this connection, just as they are in prosecutions for racing on the highway. In this sense what occurs on the highway must be held to occur in it also. The administration of the criminal law declines such subtle distinctions…
2Cases cited1 opinion
- Buckley v. StateMississippi Supreme Court · 1885
3Cited by15 opinions
- Pendergraft v. StateMississippi Supreme Court · 1966
- Hall v. StateMississippi Supreme Court · 1964
- Yelverton v. StateMississippi Supreme Court · 1966
- Vails v. StateMississippi Supreme Court · 1908
- Keigans v. StateSupreme Court of Florida · 1906
10 more not listed; retrieve them via the Exa API.