Lemon v. State
Mississippi Supreme Court
From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Lemon, appellant, was indicted in the court below; the first count of the indictment charged hirii with robbery and the .second count with grand larceny; he was tried and convicted of grand larceny, the verdict finding him “guilty as charged in the second count of the indictment,” but it did not specifically find the value of the property stolen. .After sentence the do.fendant appealed to the supreme…
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From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Lemon, appellant, was indicted in the court below; the first count of the indictment charged hirii with robbery and the .second count with grand larceny; he was tried and convicted of grand larceny, the verdict finding him “guilty as charged in the second count of the indictment,” but it did not specifically find the value of the property stolen. .After sentence the do.fendant appealed to the supreme court. In Shines v. State, 42 Miss. 331, we find these words: '“Hnder an indictment for grand larceny, if the jury find…
1Opinion of the CourtSmith, J.
This is an appeal from a conviction of grand larceny. The indictment contained two counts; the first charging robbery and the second charging grand larceny. At the close of the evidence the court instructed the jury to find the defendant not guilty of robbery, and the case went to the jury on the second count, charging grand larceny. This instruction of the court renders it unnecessary for us to notice the matters complained ■of with reference to the first count in the indictment.
The verdict of the jury was in the following language: “We, the jury, find the defendant guilty as charged in the…
2Cases cited1 opinion
- Cook v. StateMississippi Supreme Court · 1873