Poythress v. State
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. John L. Buckley, Judge. . C. "W. Poythress was convicted of making a false entry on the.public records and appeals. The facts are as follows: The appellant was indicted under section 1177 of the Code of 1906 for making a false and fraudulent entry on the public records of Lauderdale county.
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Appeal from the circuit court of Lauderdale county. Hon. John L. Buckley, Judge. . C. "W. Poythress was convicted of making a false entry on the.public records and appeals. The facts are as follows: The appellant was indicted under section 1177 of the Code of 1906 for making a false and fraudulent entry on the public records of Lauderdale county. Said section is as follows: “Every person who, with intent to defraud, shall falsely alter, destroy, corrupt, or falsify the record of any will, conveyance or other instrument the record of which shall by law be evidence, or any record of any…
1Opinion of the Court
Whitfield. C.
The eighth, ninth, and tenth grounds of demurrer to the indictment in this case were well taken. It was essential that the indictment should have averred that the cancellation of the deed of trust by marginal entry on the record was attested by the chancery clerk as required by law, and it was essential that this should have been proven. " The attestation of the clerk was neeessary to give cancellation legal efficacy or validity. France v. State, 83 Miss. 281, 35 South. 313; Robinson v. State, 35 Tex. Cr. R. 54, 43 S. W. 526, 60 Am. St. Rep. 20; Sutton v. State, 58 Neb. 567, 79…
Also in this document: Per curiam.
2Cases cited4 opinions
- Overly v. StateCourt of Criminal Appeals of Texas · 1895
- Robinson v. StateCourt of Criminal Appeals of Texas · 1895
- France v. StateMississippi Supreme Court · 1903
- Sutton v. StateNebraska Supreme Court · 1899
3Cited by1 opinion
- Duss v. DussSupreme Court of Florida · 1926