Legal Opinion

Knight v. State

Mississippi Supreme Court

Decided April 15, 1887PublishedCited by 9 opinions

Appeal from the Circuit Court of Lee County. Hon. L. E. Houston, Judge. ■ James Knight, Jr., was indicted by the grand jury of Lee County in two counts, charging (1) that he did go “ upon the inclosed lands of one Jesse Ridings and unlawfully remain on such lands without the consent of the said Jesse Ridings, after a request by the said Jesse Ridings'to depart,” and (2) “that the said James Knight, Jr., did unlawfully go upon the inclosed lands of one Jesse Ridings after…

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Appeal from the Circuit Court of Lee County. Hon. L. E. Houston, Judge. ■ James Knight, Jr., was indicted by the grand jury of Lee County in two counts, charging (1) that he did go “ upon the inclosed lands of one Jesse Ridings and unlawfully remain on such lands without the consent of the said Jesse Ridings, after a request by the said Jesse Ridings'to depart,” and (2) “that the said James Knight, Jr., did unlawfully go upon the inclosed lands of one Jesse Ridings after having been notified by the said Jesse Ridings not to do so.” ,. On the trial the proof for the State developed the fact…

1Opinion of the CourtAenole, J.

The amendment of the indictment was authorized by § 3081 of the code, and sanctioned by Peebles v. The State, 55 Miss. 434, and Miller v. The State, 53 Ib. 403, and other cases.

It appears from the record that appellant excepted to the action of the court in allowing the indictment to be amended, but it is not shown how he was prejudiced in his defense on the merits, or that he claimed or suggested any reason for a postponement of the trial on account of the amendment being' made, and we must assume that he suffered no prejudice by the amendment, and that it pro' duced no cause for delaying…

2Cases cited2 opinions

  1. Bain v. StateSupreme Court of Alabama · 1878
  2. Peebles v. StateMississippi Supreme Court · 1877

3Cited by9 opinions

  1. King v. StateMississippi Supreme Court · 1889
  2. Strickland v. StateArizona Supreme Court · 1930
  3. Gillespie v. StateMississippi Supreme Court · 1954
  4. Wilkinson v. StateMississippi Supreme Court · 1900
  5. Welty v. WardIndiana Supreme Court · 1905

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