McBeth v. State
Mississippi Supreme Court
Error to tbe Circuit Court of Gapiab County. Hon. Uriah Millsaps, Judge. The opinion of the court contains a sufficient statement of the case. The rule as to the designation of the parties injured is much more rigid and inflexible than that with regard to the name and addition of defendant.
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Error to tbe Circuit Court of Gapiab County. Hon. Uriah Millsaps, Judge. The opinion of the court contains a sufficient statement of the case. The rule as to the designation of the parties injured is much more rigid and inflexible than that with regard to the name and addition of defendant. A variance or an omission in the name of the person aggrieved, is much more serious than a mistake or addition of tbe defendant, as the latter can only be taken advantage of by plea in abatement, while the former will be ground for arresting the judgment, when the error appears on the record, or for…
1Opinion of the CourtSimrall, J.
The plaintiff in error was indicted for the murder of one William Brusher, found guilty of manslaughter and sentenced to the penitentiary.
Two errors are relied upon in this court, for reversal of the judgment.
First, overruling the motion in arrest of judgment, because the person slain was named Bill Williams and not William Brusher. The motion in arrest of judgment must be founded upon some reason or ground which appears on the face of the record. It propounds the proposition of the law to the court, that not*84withstanding the verdict, the sentence of the law cannot be pronounced upon it,…
2Cases cited1 opinion
- Unger v. StateMississippi Supreme Court · 1872
3Cited by9 opinions
- People v. GrayIllinois Supreme Court · 1911
- State v. AlieWest Virginia Supreme Court · 1918
- Childress v. StateMississippi Supreme Court · 1940
- State v. MyrbergWashington Supreme Court · 1909
- Padgett v. StateIndiana Supreme Court · 1906
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