Draughn v. State
Mississippi Supreme Court
From the circuit court, first district, of Perry county. Hon. A. Gr. Maters, Judge. The facts are sufficiently stated in the opinion of the court. Draughn was indicted for burglary, under §991, code of 1892, the charge being that he broke and entered the dwelling house of West, “ with intent to commit the crime of larceny therein.” The indictment was not a good one under §996 of the code.
Read the full summary
From the circuit court, first district, of Perry county. Hon. A. Gr. Maters, Judge. The facts are sufficiently stated in the opinion of the court. Draughn was indicted for burglary, under §991, code of 1892, the charge being that he broke and entered the dwelling house of West, “ with intent to commit the crime of larceny therein.” The indictment was not a good one under §996 of the code. It does not aver that any “goods, merchandise or valuable thing ’ ’ was kept in the house for ‘ ‘ use, sale, deposit or transportation.” Nor was it good under any statute or at common law, because the…
1Opinion of the CourtTerral, J.
The indictment alleged “that William Draughn on the — day of June, 1895, did feloniously, burglariously break and enter the> dwelling house of Sam West with intent to commit the crime of larceny therein,” etc. In the course of the trial it clearly appeared from the evidence of the prosecutor, Sam West, that the house broken into was not a dwelling house, but was a crib, and the only evidence of its use was the testimony of West, who said that he lost some bacon out of it. The variance between the allegation of the breaking into a dwelling house and the evidence relating thereto constitutes…
2Cited by13 opinions
- Frost v. StateMississippi Supreme Court · 1986
- Newburn v. StateMississippi Supreme Court · 1967
- Millette v. StateMississippi Supreme Court · 1933
- Taylor v. StateMississippi Supreme Court · 1952
- Haynes v. StateMississippi Supreme Court · 1937
8 more not listed; retrieve them via the Exa API.