McGehee v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Amite County. Hon. J. B. Chrisman, Judge. The case is stated in the opinion of the court. It is clear that the defendant did not intend to kill and murder the person whom he is indicted for assaulting with intent to kill. The statute requires the indictment to charge the specific intent to kill and murder a specific person.
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Appeal from the Circuit Court of Amite County. Hon. J. B. Chrisman, Judge. The case is stated in the opinion of the court. It is clear that the defendant did not intend to kill and murder the person whom he is indicted for assaulting with intent to kill. The statute requires the indictment to charge the specific intent to kill and murder a specific person. And when the proof fails to make out such a case, but, to the contrary, demonstrates the want of the intent against the person named in the indictment, there can be no legal conviction. Code 1880, § 2711; Morgan v. State, 13 S. & M. 242;…
1Opinion of the CourtArnold, J.
Appellant was convicted of assault with intent to kill and murder Levi Thompson and sentenced to one year’s imprisonment in the penitentiary. At a public gathering about twelve o’clock at night one George Morris had a difficulty with appellant’s brother and cut and seriously wounded him. Afterward Morris started home and appellant followed him, intending, it seems, to avenge the injury suffered by his brother. It was a very dark night, and appellant overtook Levi Thompson in the road, who had started before him, going in the same direction, and, supposing him to be George Morris, cut and…
2Cited by10 opinions
- In re BreenNevada Supreme Court · 1908
- State v. ThomasSupreme Court of Louisiana · 1910
- Wynn v. State.Mississippi Supreme Court · 1885
- Bond v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1918
- Coleman v. StateCourt of Criminal Appeals of Alabama · 1979
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