Brown v. State
Mississippi Supreme Court
F.rom the circuit court of the first district of Hinds count}'. HoN. J. B. ChrismaN, Judge. Bennie Brown was convicted of burglary, and appeals.
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F.rom the circuit court of the first district of Hinds count}'. HoN. J. B. ChrismaN, Judge. Bennie Brown was convicted of burglary, and appeals. The indictment charges that accused unlawfully, wilfully, feloni-ously and burglariously broke and entered, in the night time, a storehouse of Mrs. M. O’Leary, with intent to steal therein, ‘‘ and did then and there' unlawfully, wilfully, feloniously and burglariously take, steal and carry away goods, wares and merchandise, the articles of which are to the grand jurors unknown, and of the value of six hundred dollars, and the personal property of J.…
1Opinion of the CourtCooper, C. J.
The burglary might well have been treated as complete by the averment that the burglarious entry was made by the appellant for the purpose of stealing within the building. The averment that, having broken and entered, the appellant then stole the goods of J. A. and J. J. Jones may be treated as sur-plusage, the principal offense being proved. 1 Bishop on Grim. Prac., 439, 440; 1 Bishop on Crim. Law, § 1002.
The modification of the instruction asked by the appellant touching the testimony of the accomplice cannot be assigned for error. C heatham v. State, 67 Miss., 335.
Affirmed.
2Cases cited1 opinion
- Cheatham v. StateMississippi Supreme Court · 1889
3Cited by7 opinions
- Newburn v. StateMississippi Supreme Court · 1967
- State v. WilliamsSupreme Court of Vermont · 1920
- Wellborn v. StateMississippi Supreme Court · 1925
- Gordon v. StateMississippi Supreme Court · 1940
- Hawkins v. StateMississippi Supreme Court · 1942
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