Hudson v. State
Mississippi Supreme Court
From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. The opinion states the case. The amended affidavit charged another separate and distinct offense, for which the accused could not be tried on his appeal.
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From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. The opinion states the case. The amended affidavit charged another separate and distinct offense, for which the accused could not be tried on his appeal. Miller v. State, 53 Miss., 405, 406; Blumenberg v. State, 55 lb., 529. The very statute allowing amendments of affidavits (§ 1438, code of 1892) requires that the amendment shall be so made as to bring fairly to trial, on its merits, ‘£ the charge intended to be set out in the original affidavit. ’ ’ Hudson was not tried in the circuit court on the…
1Opinion of the CourtWoods, J.
The appellant was charged by affidavit with unlawful retailing to three named persons in the town of Terry, and on this charge thus preferred, he was tried and convicted before the mayor of that town. Feeling aggrieved, he appealed' to the circuit court of Hinds county, first district. When the case was called in that court for trial, upon motion of the state, the affidavit was amended, among other particulars, in striking out the names of the three persons to whom he had' been charged by the affidavit with unlawfully selling liquor, and for which specific offense he had been convicted in the…
2Cases cited1 opinion
- Tyler v. StateMississippi Supreme Court · 1891
3Cited by5 opinions
- Horn v. StateMississippi Supreme Court · 1933
- Mays v. StateMississippi Supreme Court · 1953
- Thomas v. Yazoo CityMississippi Supreme Court · 1909
- White v. StateMississippi Supreme Court · 1909
- Walker v. StateMississippi Supreme Court · 1937