Dick v. State
Mississippi Supreme Court
Error to the Circuit Court of Yazoo County. Hon. WVB. Cunningham, Judge. The indictment was insufficient, and could not support the verdict. Lewis v. State, 49 Miss. 355. The indictment is good at common law, both in form and substance. Code 1871, § 2864; 2 Bishop Criminal Procedure, §§ 50, 51, 52 and note; 2 Russell on Crimes, 563, 564.
1Opinion of the CourtCampbell, J.
The plaintiff in error was indicted, tried and convicted of arson, and sentenced to imprisonment for life in the penitentiary. The indictment is not good under § 2490 of the Code, because it does not aver that the arson was in the night-time, or that there was at the time some human being usually staying, lodging or residing at night. It was, therefore, erroneous to sentence the convict to imprisonment for life. But the indictment is good under § 2494 of the Code, and the convict should have been sentenced under that section, which embraces the case of wilfully setting fire to “ any other…
2Cited by1 opinion
- Solomon Banks v. StateMississippi Supreme Court · 1908