Gates v. State
Mississippi Supreme Court
From the circuit court of Lee county. Hon. Newnan Oayce, Judge. The indictment against appellant contains two counts, one for forgery of a bank check on the First National Bank of Tupelo, Mississippi, purporting to have been signed by "W. X. Wilson, the other count being for uttering such forged instrument. Both counts aver a felonious intent to injure .and defraud the said W. X. Wilson and the said bank.
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From the circuit court of Lee county. Hon. Newnan Oayce, Judge. The indictment against appellant contains two counts, one for forgery of a bank check on the First National Bank of Tupelo, Mississippi, purporting to have been signed by "W. X. Wilson, the other count being for uttering such forged instrument. Both counts aver a felonious intent to injure .and defraud the said W. X. Wilson and the said bank. Accused moved to quash the indictment, on the grounds, mainly, that it charged two separate, distinct felonies; that in each count it alleged an intent to defraud two persons; and tliat it…
1Opinion of the CourtCooper, J.
The motion to quash the indictment was properly overruled. Objections to an indictment for defects appearing on *876the face thereof must be taken “ by demurrer, and not otherwise.” Code, § 1354.
If we should consider the motion to quash as though it were a demurrer, as urged by counsel to do, no different result would follow, for, as a demurrer, it should be overruled, because it goes to the whole indictment, and since one count thereof is confessedly good, the demurrer is too broad, and, for that reason, could not be sustained.
Whether the state shall be required to elect upon which of several…
2Cases cited2 opinions
- Hemingway v. StateMississippi Supreme Court · 1890
- Scott v. StateMississippi Supreme Court · 1872
3Cited by8 opinions
- Stinson v. StateMississippi Supreme Court · 1983
- Buford v. StateMississippi Supreme Court · 1927
- Wilkinson v. StateMississippi Supreme Court · 1900
- Criddle v. StateMississippi Supreme Court · 1964
- State v. ReesMississippi Supreme Court · 1898
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